REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-202
STAFF REPORT
FROM:
Chair and Members
Planning and Development Board and City Commission
Michael W. Rumpf\"\..\.>~
Director of Planning and Zoning
Ed Breese ~
Principal Planner
TO:
THRU:
DATE:
August 13, 2004
PROJECT NAME/NO:
Citrus Glen MPMD 04-003
REQUEST:
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
Property Owners: John and Marilyn Schiavo, Lot 1
Applicant/Agent: 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:
Right-of-way for Miner Road, and farther north right-of-way for LWDD L-20 Canal;
South:
Right-of-way for Executive Circle, and farther south single-family detached zero lot
line homes (Citrus Glen PUD);
East:
Single-family detached zero lot line homes (Citrus Glen PUD);
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 internal
road network providing ingress and egress to Lawrence Road and Miner Road. The approved building
setbacks are: 20 feetfront 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 property 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-farnily 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 property 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 "D").
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 corner 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 property line, and then
approximately an additional15 feet of open space beyond the subject property 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.
S;IPlanningISHAREDlWPIPROJECTSICilrus Glen MPMD 04,003 ISlaff report.doc
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MIRAGE POa.S I'
PAGE 61/61
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~
JRobert 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
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
morning 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.
Resp' c~u~ yours,
~J;;;::J
Enclosures
075 -?:5 .{.6- I 'if' /0 000 ()() I ()
!PALM IBEA~H INSTITUTE OF PAIN MANAGEMENT EXHIBIT F
2401 SOUTH SEACREST BLVD, 0 BOYNTON BEACH, FL 33435
(561) 733-8133 . FAX (561) 733'6670
.~"-~"-~~"--
'_...~,-~== ..' ._-~"- '-=--'~-'--'--~-'-C-".~~
~, April 22, 2004
SAMI B. DAGHER, M.D.
ANESTHESIOLOGIST
FELLOWSHIP TRAINED
IN PAIN MANAGEMENT To Whom It May Concern:
Ref: Marilyn Schiavo
ADVANCED APPROACH
FOR THE TREATMENT
OF PAINFUL
CONDITIONS OF THE
SPINE AND THE
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
.~,' }[~(j'l, ': /_ .
/ I il,i-:t,..v~ 'J.-. 7 ~,vV t-"Ih
J"- I! /"
d
Sami I Daghi6r, 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 & Zoning date stamp marking.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Commen1s: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments:
1. Prior to construction of the pool, applicable permit shall be obtained and the
construction shall comply with 200 I Florida Buildino: Code, chapter 424.
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Commen1s: None
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
To be de1ermined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\SHARED\ WP\PROJECTS\Citrus Glen\MPMD\COA.doc
DEVELOPIV IT ORDER OF THE CITY COMMI' 10N OF THE
LITY OF BOYNTON BEACH, FLORIl.JA
PROJECT NAME: Citrus Glen
APPLICANT'S AGENT: John Schiavo
APPLICANTS ADDRESS: 159 Executive Circle Boynton Beach, FL 33436
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.
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 Applicant
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 property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:IPlanningISHAREDlWPIPROJECTSICitrus GlenlMPMDlDO Revised for P&D.doc
-
DEPARTMENT OF DEVELOPMENT
BUILDING DIVISION
MEMORANDUM NO. 04-150
FROM:
Ed Breese
Principal Planner
Timothy K. Large ~
TRC MemberlBuilding Division
TO:
DATE:
June 21, 2004
SUBJECT:
Project - Citrus Glen
File No. - MPMD 04-003
The Building Division has no issues with the proposed site plan modification MPMD 04-
003. Prior to construction of the pool, applicable permits shall be obtained and the
construction shall comply with 2001 Florida Building Code, chapter 424.
tkl:bf
S:IDevelopmentlBuildingl TRC\ TRC 20041Citrus Glen
Page 1 of 1
...
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 04-099
TO:
Michael W. Rumpf, Director. Planning and Zoning
FROM:
Laurinda Logan. P.E.. Senior Engineer
DATE:
RE:
June 14,2004
Review Comments (
Master Plan Modification -1st R~W
Citrus Glen "
File No. MPMD 04-003
""
The above referenced Site Plans, received on June 14, 2004, was reviewed for Public Works,
Engineering, and Utilities against the requirements outlined in the City of Boynton Beach Code
of Ordinances. Following are our comments with the appropriate Code and Land Development
Regulations (LDR) referenced.
PUBLIC WORKS - GENERAL
No comments at this time.
PUBLIC WORKS - TRAFFIC
No comments at this time.
ENGINEERING
No comments at this time.
UTILITIES
No comments at this time.
Cc: Jeffrey R. Livergood. P.E., Director. Public Works (via e,mail)
Peter V. Mazzella, Deputy Utility Director, Utilities
H. David Kelley. Jr., P.E./ P.S.M.. City Engineer. Public Works/Engineering (via e,mail)
Glenda Hall, Maintenance Supervisor, Public Works/Forestry & Grounds Division
Larry Quinn, Solid Waste Manager. Public Works/Solid Waste
Kenneth Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail)
File
S:\Engineering\Office Associates File\Logan\04-099 MPMD Citrus Glen.doc
ClfY OF BOYNTON BEACH, FLORIDA
INTER-OFFICE MEMORANDUM
TO:
Michael W, Rumpf DATE:
Dir. of Planning & Zoning
Citrus Glen
FILE: MPMD 04-003
FROM:
Off. John Huntington
Police Department
CPTED Practitioner
SUBJECT:
REFERENCES:
Citrus Glen
Site Plan
ENCLOSURES:
I have viewed the above building plans and have the following comments:
Plans Approved - No Comments
TRC Memorandum
Page I of I
Coale, Sherie
From: Hallahan, Kevin
Sent: Friday. June 25. 2004 1 :50 PM
To: Breese, Ed
Cc: Coale. Sherie
Subject: Citrus Glen
Planning Memorandum: Forester I Environmentalist
To:
Ed Breese, Principal Planner
From:
Kevin J. Hallahan, Forester I Environmentalist
Subject:
Citrus Glen
Master Plan Modification - I st Review
MPMD 04-003
Date:
June 24, 2004
I have no comments on the project.
Kjh
File
6/25/2004
~
John & Marilyn Schiavo
159 Executive Circle
Boynton Beach, FL 33436
Cell: (561) 818-5344
Home: (561) 736-2016
June 9, 2004
i
I
To: The Boynton Beach City Council L .. .1 i
My wife and I are submitting the following documents and formstoenable usro- J
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.)
JUN
9 2004
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
morning 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.
Resp' c~u~ yours,
~p
Enclosures
075 ? Y -(.6- /8' 10 000 ()CJ 10
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,
,~tJ~
;Robert Moreno, President
For the Executive Estates of Boynton Beach HOA
~.
PALM IBE.......;H ~NSTITUTE OF PAIN MAtIlAGEMENT
2401 SOUTH SEACREST BLVD. . BOYNTON BEACH, FL 33435
(561) 733-8133 . FAX (561) 733,6670
---- - ~----~-,- ~ ..~....,-'""==~-= ,--~._~,_.,,=,
April 22, 2004
SAMI i. DAGHER, M.D.
ANESTHESIOLOGIST
FELLOWSHIP TRAINED
IN PAIN MANAGEMENT To Whom It May Concern:
ADVANCED APPROACH
FOR THE TREATMENT
OF PAINFUL
CONDITIONS OF THE
SPINE AND THE
NERVOUS SYSTEM
PRACTICE FOCUS:
LOW BACK PAIN
SCIATICA
THORACIC &
NECK PAIN
ARTHRITIS
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-S 1 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,
" . --~. ...j
rJjl,i.l-'" ,L)/I?iJilfNY)
Sami I Dagh~r, M.D.
.' ~6/02/2004 15: 36 56143- '86
MI~GE POOLS I~-
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MEMORANDUM
TO: Milton Duff, Chief of Plans Review
FROM: Tambri J. Heyden, Senior Planner
DATE: July 24, 1991
SUBJECT: citrus Glen Setbacks for Screened Enclosures
File No. 033
The Citrus Glen Master Plan modification, approved by the
Planning and Zoning Board on April 12, 1988, established pool and
screen enclosure setbacks for the three different types of lots
within the P.U.D.; a) lake front lots, b) lots backing up to
Lawrence Road and Miner Road and c) lots other than a) and b)
type lots, as illustrated on the attachments.
To clear up the uncertainty which has arisen regarding
categorizing the following lots within the P.U.D., please
construe these lots to be lake front lots for the purpose of
permitting screen enclosures:
citrus Trail plat, lot 176
Executive Estates plat, lot 73
Executive Estates plat, lot 86
Executive Estates plat, lot 92
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Tambri J~ey n
TJH/jm
Atts.
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LA\(.E. F-1l..O""T ' '1
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cc: Al Newbold
Mike Haag
Chris Cutro
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PALM BE, :H INSTITUTE OF PAIN MA~ .GEMENT
2401 SOUTH SEACREST BLVD, . BOYNTON BEACH. FL 33435
(561) 733-8133 . FAX (561) 733-6670
April 22, 2004
SAMI!. DAGHER, M.D.
ANESTHESIOLOGIST
FELLOWSHIP TRAINED
IN PAIN MANAGEMENT To Whom It May Concern:
Ref: Marilyn Schiavo
ADVANCED APPROACH
FOR THE TREATMENT
OF PAINFUL
CONDITIONS OFTHE
SPINE AND THE
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
d~~' :D/lluuMI?
Sami I Dagh~r, M,D.
CANCER PAIN
SYMPATHETIC
DYSTROPHY
AND
OTHER PAINFUL
NERVE DISORDERS
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EXHIBIT "G"
Conditions of Approval
Projec1 name: Citrus Glen
File number: MPMD 04-003
Reference: Master Plan Modification identified with a June 9 Planning & Zoning ate stamp mar mg.
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Commen1s: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments:
l. Prior to cons1ruction of the pool, applicable permit shall be obtained and the
construction shall comply with 2001 Florida Building Code, chapter 424.
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Commen1s: None
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Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments;
I To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\Citrus Glen\MPMD\COA.doc