LEGAL APPROVAL
The City of BoymtJn Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
October 8, 2004
www.boynton-beach.org
Mr. And Mrs. Larry Ward
230 NE 2nd Avenue
Boynton Beach, Florida 33435
Re:
For:
File No.:
Location:
Zoning Code Variance Request
Addition with Setback Reduction
ZNCV 04-004
230 NE 22nd Avenue
Dear Mr. And Mrs. Ward:
Enclosed is the City of Boynton Beach Development Order for application item ZNCV 04-004, which
represents approval for the construction of a 630 square foot addition to the residence located at
230 NE 22nd Avenue with a reduction in the rear yard setback requirement from 25 feet to 16 feet, a
variance of 9 feet. This request is for the relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.D.2.a. The City Commission approved this variance on
October 4, 2004.
Please include a copy of this letter and Development Order when you submit your application
for permitting at the Building Department.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely,
r Michael W. Rumpf
() Director of Planning & Zoning
MWR/jdc
Attachment: Development Order
Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\Ward Variance\Approvalletter after CC.doc
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DEVELOPMP' 'r ORDER OF THE CITY COM MIS" iN OF THE
C. I Y OF BOYNTON BEACH, FLORII:tA
Development
paz
Building
Engineering
Occ. License
Deputy City Clerk
PROJECT NAME:
Ward Variance
APPLICANT'S AGENT:
Larry and Hyacinth Ward
APPLICANT'S ADDRESS: 230 NE 22nd Avenue, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
October 4, 2004
TYPE OF RELIEF SOUGHT: Variance approval to construct a 630 square foot addition to a residence
with a reduction in the rear yard setback requirement from 25 feet to 16
feet, a variance of 9 feet.
LOCATION OF PROPERTY: 230 NE 22nd Avenue
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 Applicant
~AS
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.
DATED:
7. Other
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LOCATION MAP WARD VARIANCE EXHIBIT "A"
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EXHIBIT "C'~~,
Statement of Special COnditions
Hyacinth D. Ward
230 N.E. Gateway Blvd.
Boynton Beach, FL 33435
A. That special conditions and circumstances exist which are peculiar to the land, structures, or
buildings in the same zoning district
Response: The property in question is a 2 bedroom I bath and also a special condition exists. The location
of the existing family room is at the rear of the house and is the starting point for the additional. to
accommodate our fimrily and mother who :is very sick. which would be a room and a bath for her and a
master bed room next to hers so we could be close.
B. That tfJat special conditions and circumstances do not resuk from the actions of the applicant.
Response: We bought the house in the existing condition and no wotk was done by us.
C. The granting offhe. varianaTwiU not confer on'~ applicant any special privilegC'that is denied by
this orcfinarwe to oCher lands.
Response: The average house constructed in our district would normally be much larger than our house
which is a 2 bedroom 1 bath with 1,068 square ofHving area, with the proposed addition of630 square feet
which will consist of a master-bedroom plus an additional room and bath fur my sick mom would increase
to 1,698 squandeet.
. D. That literal interpretation of tile provisions of this chapter would deprive U.S. ofrigbts commonly
enjoyed by outer properties in the same zoning district muter the tenns of tile Ordinance and would
wori~ and undue hardship on the appJiamt.
Response: Due to the.existing location of our housC' in the middk of a oo.mer lot, and the existing plan
layout the provision of the chapter would prevent us 1lom the increaSe of space. Reasonable expansion with
3-25 feet setback would make it a hard ship 'Oft us.
E. That the wriance gnm.ted is the minimum 'I8riam:e that willlDBb possible 1he ~Ie U9a of
thl: laud, buildiilg or Structure.
RespQnse: The variance requested is the amount of space we need to do the addition.
F. ~ the granting of the variance will be in harmony with the general intent and pw;pOse of this
,~ and that such variance will not be injurious to the area involved or other wise detrimental
'10 the publicweffilre.
Response: The variance if granted would be a great improvement to the a:rt;a and it wiD not etrect'the
adjacent property owners nor wiD it be detrimental to the pubic welfare.
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EXHIBIT "D"
Conditions of Approval
Project name: Ward Variance
File number: ZNCV 04-004
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: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. lft~
S:\Planning\SHARED\WP\PROJECTS\Ward Variance\COA.doc