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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 -' .f 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 S:\Planning\SHARED\WP\PROJECTS\Ward Variance\ \ZNCV 04 ... 1 in. = 150.0 feet tt\ -( , ;;;", , ( L ,; ~ /-:; G"c, r ,/~.' >~'~',~~~:() [~,'~-- LOCATION MAP WARD VARIANCE EXHIBIT "A" EXHIBIT B 0\ 11) (1/' , o o ~ 64rEJY4.Y 11Pf/LCI/4RD c7S 4SPf/4{ T LOT9 C;:-Dc7c o~ ~~"7"e-.v,.. . . (/8.1-0) ." '. , . . # (0 w4cJc.. ..9,n .0) ..... v,1?~:'s770-?7'200E,"'. """"o~. tI~. <1-3'0' , . ~.... "-0 ~o""'; ", 11.z.' ) (,~." . ,0 <> 'of ~, ~~ :(]~ ... . ~L_' .~~ ~~ ~ (I8:~Oj) . .. .. ~. . --....... . -...* . .. ~ ~/~ . C;~ ~, ~ '" ,~ ~~ ~ (J~'\) Z{,'S ':t ~ , ~ "'~ tr)~ ,""",'~ OO~ ~ c, ~ 1- ~. ~. ~ to f LOT 10 U8.S) a..o) (.'7 , 'IVoQO FeNu; (19.~) c5> ""'''''''''e-N," ""'- =-;;- ~ --c--~ u,.OJ9/s.s" ...~ . I' -- _ -...::: -:..: =---- (,M) . -"YSvrI AI'770"'7'CO"H/_ ----.0. " lor 1/ I LOT IZ .. .~ ~~ ~~ ""':;' "~ ~ ZS'o" EXHIBIT B " '" - dAT"lIIhVAY e:.LVC>. - '''~Jill! . 1Il,:"'''' ---- .-- --- - C . -----,,-,. I I i , I I ..,,""~ ----. ..-----.......-.-...---..-.. -...-..----------7......,., I I I I , . 30 "'^-Ili:.K\"<"",,Y " " -- j N- ~ I Ill/I j / ! !/'L' '. --""-....-. - - -;ffIf .' t", I /0 /' .", .I < ' '\ I i' / - Zq" ;f'jCH~P'N'G, . 'l I '- L,^,_ \ I II \, -1- ,../ r '/ '. , \ ~ .. ...t 0 ",& () '.,."~ I~ -'. -5) - ~ \ , \ I ;:;. ~ ~ 1 'Za.oo" , -.-...............--.--..- I ? , . j o...~~:-~;:: k-2?~"O' ~ ~ ~I . 7 1-, ""I. Z~__.. -'1 ~ ~I:: g., ~ ,i 5 I \f\ N :;. ~ ~ 11 ~J I . Ii I I ~ .J I I." 8""" " ,. . j ~;::- /~-- iol. I . I ! ~",-- I q'U/J!.. "--.--'- if ~- 'II _ " -\ -& . _l_~ . ~ '1-e;; R^~ _ ~....e: \"f :: W'-O'" / ~ -- . (:) t :> ~ , (" \ ~ \. I' f'. . i ! i ! (' i +- I' i -, r I I~ I{ I ' I q , +- I it) I~- ; . !J) . j " ~. i I { -- ~ t..- '- o - Ie ~C..,~ . 1 l)\l)( 1 1) ~ f1\ . r.. l' "0 0 .JI 14 . ~. ~ l\ -': ; ~ ~ ~5 '. ~. / ~~'-~ ",11 ~ EXHIBIT B ~~ ...::J~ ",- ~~ .f>."~ (} " o ~ 8 ,. 1 ~ t:i~...- I ~rE X ~~i t ~ -~t~ j l~id\",i~ l:./ / v <'1t .If!r ,~ f1\ () \\- V" ... t U\ 'll il> r;'$. ~ ( . -t,~-(~o z \' . ~-lfr"2 f1. '-)'_~ H~~ VI ~~~~ t(8~ ) ~iJ~O ~~t.~ I ~~;: .i~~JfJ ~~~~ . .Ji~ ~ Vi:!. ~ ). ~ 0 ~ i 0 l~/ r f · (~ \ \ ./ / ~ / ~cb.r '.U~.., . ' /, t}., Jy- '0 ~ .~..(.8 I~~ ~ t~~ -- " . ..{r. . ~';-i:..7\ .. ;., r . . B -t. ~ ~ 11 ~ .,. -<. ~ ~ I - V' r ~r I ., l~ -3 ~ I " Z4- - ~ 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. ;' .' 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