REVIEW COMMENTS
DEVELOPMENT SERVICES DEPARTM~T
MEMORANDUM #PZ 04-089
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date:
April 27, 2004
File No:
ZNCV 04-002 - Rear yard setback
Location:
3416 South Lake Drive
Owner:
Mark Wantshouse
Project:
Addition to a single-family home on a parcel zoned R-1-AAB.
Request:
Relief from Chapter 2, Zoning Section 5.B.2.a, requiring a minimum rear yard setback of
25 feet for a single-family home within the R-1-AAB zoning district, to allow for a variance
of 15 feet, and a rear yard setback of 10 feet.
BACKGROUND
The subject property and neighborhood are currently zoned R-1-AAB, single-family residential (see
Exhibit "A" - Location Map). The home was developed in 1973 on lot 1 of the Lake Eden Subdivision,
and it conforms to the current R-1-AAB zoning district building and site regulations. The subject property
is located on the east side of South Lake Drive and abuts the L.W.D.D E-4 Canal to the east.
The Lake Eden subdivision was originally platted in 1925. The platting pattern for the majority of the lots
within that subdivision is rectangular in shape with the exception of the subject lot, which is irregularly-
shaped (see Exhibit "B" - Lake Eden Subdivision). The subject request is in conjunction with a plan to
expand the existing one-story single-family home with a 1,274 square foot addition (see Exhibit "C" -
Site Plan/Survey). This planned expansion is consistent with redevelopment projects observed
throughout the city.
The requirements to build a single-family dwelling unit within the R-1-AAB zoning district are as follows:
. Front and Rear setback: 25 feet;
. Sides setback: 10 feet.
The applicant is proposing the following setbacks:
· Front setback: 25 feet;
· Rear setback: 10 feet;
. Sides setback: 10 feet.
ANALYSIS
The code states that the zoning code variance cannot be approved unless the board finds the following:
Page 2
Wantshouse Variance
File No. ZNCV 04-002
a. That special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures or buildings in the same
zoning district.
b. That the special conditions and circumstances do not result from the actions of the applicant.
c. That granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
f. That the grant of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
Staff has conducted this analysis with emphasis on the uniqueness of the subject property relative to
other parcels in the Lake Eden subdivision and neighborhood impact.
Staff reviewed the requested variance focusing on the applicant's response to the above criteria
contained in Exhibit "D". Staff concurs with the applicant that special conditions and circumstances exist,
related to lot configuration, which are not the result of actions by the applicant, therefore satisfying
criteria "a"and ''b''above. It should be noted that the construction of an addition at the rear of the
existing house on the subject lot would not likely be feasible without encroaching within the required
rear yard setback. Unlike typical rectangular-shaped lots, which have a rear and two (2) side yards, this
property provides a front, a rear and one (1) side along the south property line. Further, the front (west)
and rear (east) property lines taper to the north to form a triangle. Therefore the subject property
presents a unique situation relative to other lots in the Lake Eden subdivision.
Based on this information staff has found evidence of a hardship. Further, the review of previous
variance applications limited to comparison with other lots within the subject subdivision, has revealed
the uniqueness of the subject lot and the potential for zoning regulations to have unequal effects within
the respective subdivision and within this zoning district (R-1-AAB).
Staff also concurs with the applicant that the approval of this variance request will not confer any special
privileges. Therefore, denial of this variance request would deprive the applicant of the rights already
enjoyed by others owning standard sized lots within this subdivision. Therefore, criteria "c"and "d"are
satisfied.
With respect to criterion "e", which considers if the request is the minimum necessary to make possible
the reasonable use of the property regardless of the placement on the lot, any substantial building
addition to this single-family dwelling would still encroach into the rear setback. The proposed variance
would allow improvements that permit "reasonable" use of the property, and which may contribute to an
increase in the property value. Although staff acknowledged that reasonable use has been achieved
through the existence of the current single-family structure, the approval of this variance as proposed
would allow the applicant to achieve a comparable living area with other homes in the immediate
vicinity. Further the current trend within the city, as evidenced by newly constructed and redeveloped
homes, tends to encourage similar improvements regardless of lot constraints. It should be noted that if
Page 3
Wantshouse Variance
File No. ZNCV 04-002
this parcel was rectangular-shaped comparable to other lots along the canal, the proposed addition
would be feasible without the necessity for the variance.
Regarding the intent of the zoning regulation, and impacts on adjacent properties, staff acknowledges
that if the standard building envelope is expanded closer to property lines, the impacts on adjacent
properties can include reduced light, air flow and views. This is not the case with this request, due to the
absence of a lot to the north, and the orientation and placement of homes along the canal. Lastly, staff
finds that granting the variances will not be injurious to the area or detrimental to the public welfare. On
the contrary, the proposed improvement will be consistent with existing characteristics of the
neighborhood including lot sizes, lot frontages, house sizes and styles.
It should be noted that a second story addition to avoid the setback variance, was not considered as an
option in the staff analysis. The rational for this lack of consideration is again based on the comparison
with the typical unit style within the surrounding area, which are single-story homes.
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein, staff finds that a "hardship" exists. Staff also concludes that the
approval of the requested variance will enhance the community by supporting home expansions in the
neighborhood without negative impacts upon the neighborhood or city.
Therefore, staff recommends that the requested variance be approved, thereby granting relief from the
Land Development Regulations, Chapter 2-Zoning to allow:
1) A 1S-foot reduction from the twenty-five (2S) foot rear yard setback required by code to
allow a 10-foot rear yard setback.
No conditions of approval are recommended; however, any conditions of approval added by the
Planning and Development Board or City Commission will be placed in Exhibit "E".
MR/MDA
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EXHIBIT "0"
City of Boynton Beach
Variance Application Addendum
3416 S. Lake Drive
Boynton Beach, Florida 33435
5. Statement of special conditions, hardships or reasons justifYing the requested
exception or variance.
A. The subject property is an irregular shaped triangular property with only three
sides making the rear property line and one side property line the same line,
therefore without a variance the subject structure could not be added on to. If
the subject property was a normal rectangular shaped property an addition of
more than 500/c, larger than the proposed addition could be added without the
need of a variance.
B. The triangular shape of the property is due to the original platting of the
subdivision, which the applicant did not and does not have any jurisdiction or
control of.
C. The granting of this variance will not confer on the applicant any special
privilege that is denied by this ordinance to other properties.
D. The literal interpretation of the provisions of this chapter would deprive the
applicant rights commonly enjoyed by other properties in the same zoning
districts and would create undue hardship to the applicant. The requested rear
set back variance borders a Lake Worth Drainage District easement that is in
excess of 80 feet. The requested variance will not decrease the distance
between the current subject property's structure and any neighboring property
structures. Variances generating much greater impact to surrounding
properties have been granted in the same zoning district where by the granting
of those variances decreased the distance between neighboring structures.
E, The requested variance is the minimum variance that will make reasonable
use of the property due to the irregular shaped property and the position of the
structure on the property.
F. The granting of this proposed variance will be in hannony with the intent and
purpose of this chapter and would not be injurious to the area or detrimental to
the public welfare. The granting of this proposed variance would be a
textbook example of the granting of a variance allowing reasonable use of the
property with no adverse effects to adjacent property owners. This would
truly be a model example of a why a variance process exists,
G. This proposed variance is not a variance request of minimum lot area or lot,
frontage requirements and the acquisition of additional property is not
available,
EXHIBIT "E"
Conditions of Approval
Project name: Wantshouse
File number: ZNCV 04-002
Reference'
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S :\Planning\SHARED\ WP\PROJECTS\ Wantshouse Variance\COA,doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc