REVIEW COMMENTS
7.B.l
WARD VARIANCE (ZNCV 04-004)
ZONING VARIANCE
DEVELOPMENT SERVICES DEPARTMENT
MEMORANDUM #PZ 04-224
Staff Report
Planning and Development Board
and
City Commission
Meeting
Date: September 28, 2004
File No: ZNCV 04-004 - Rear yard setback
Location: 230 NE 22"d Avenue (Gateway Boulevard)
Owner: Larry and Hyacinth Ward
Project: Addition to a single-family home on a parcel zoned R-1-A
Request: Relief from Chapter 2, Zoning Section 5.D.2.a, requiring a minimum rear yard setback of
25 feet for a single-family home within the R-1-A zoning district, to allow for a variance of
9 feet, and a rear yard setback of 16 feet
BACKGROUND
The subject property and neighborhood are currently zoned R-1-A, single-family residential (see Exhibit
"A" - Location Map). The home was constructed in 1961 on Lot 10 of Block 25 of the Boynton Ridge
subdivision, and it conforms to the current R-1-A zoning district building and site regulations. The
subject property is located on the south side of NE 22nd Avenue (Gateway Boulevard) approximately
three (3) blocks east of Seacrest Boulevard.
The Boynton Ridge subdivision was originally platted in 1953. The existing home, built in 1961, is a two
(2) bedroom / one (1) bath house with 800 square feet of air-conditioned space, 1,068 square feet total.
The subject request is to expand the existing one-story single-family home with a 630 square foot
addition (see Exhibit "B" - Site Plan/Survey). The proposed construction would allow for two additional
bedrooms and bathrooms. 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-A zoning district are as follows:
· Front and Rear setback: 25 feet;
· Side corner setback: 25 feet on corner lots (like the one that is the subject of this request);
· Side interior setback: 7.5 feet
The applicant is proposing the following setbacks:
· Front setback: 25 feet;
· Rear setback: 16 feet;
· Side corner setback: 25 feet.
· Side interior setback: 10 feet
Page 2
Ward Variance
File No. ZNCV 04-004
ANALYSIS
The code states that the zoning code variance cannot be approved unless the board finds the following:
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 granting 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 reviewed the requested variance focusing on the applicant's response to the above criteria
contained in Exhibit "C". Staff concurs with the applicant that special conditions and circumstances exist,
related to corner lot configurations within the subdivision and the recorded setbacks on the Plat, which
are not the result of actions by the applicant, therefore satisfying criteria ''a''and '~"above. It should be
noted that the construction of an addition to the existing house on the subject lot would not likely be
feasible without encroaching into the required front, rear or side yard setbacks, due to the stringent
requirement to maintain this 25 foot setback on three (3) sides of the property. Since the front and side
setbacks are platted setbacks (depicted on the plat), the rear setback is the only one that can be varied.
Therefore the corner lots within this subdivision are hampered from expanding their footprint to more
closely match those of other property owners in scale and square footage. A review of 30 properties in
the immediate vicinity revealed that the average square footage of air-conditioned space of these homes
was 1,148, practically 350 square feet more than the Ward residences' 800 square feet. In fact, the
Ward's residence ranks 27th out of the 30 surrounding properties in the amount of air-conditioned living
space.
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 (non-corner) 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 functional building
addition to this single-family dwelling would still encroach into the rear setback. Because the house is
oriented towards the intersection/corner of the property, only a small portion (corner) of the proposed
addition actually encroaches into the setback, approximately 100 square feet. The proposed variance
would allow improvements that would permit reasonable square footages for family use, and which may
Page 3
Ward Variance
File No. ZNCV 04-004
contribute to reinvestment in the neighborhood. 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, as noted above in the comparison with surrounding properties. Further the current
trend within the city, as evidenced by newly constructed and redeveloped homes, tends to encourage
similar improvements.
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 rationale for this lack of consideration is again based on the comparison
with the typical homes within the subdivision, which are single-story structures.
Finally, staff is reviewing amendments to the Land Development Regulation that would relax the current
rear setback requirements in virtually all older residential neighborhoods (including this one), to
encourage the redevelopment/expansion projects necessary to bring the size of houses into
conformance with the needs and desires of today's homeownerjhomebuyer.
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 a 9-foot reduction from the twenty-five (25)
foot rear yard setback required by code, thereby allowing a 16-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 "D".
MR/MDA
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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 tamiJy room is at the rear of the house and is the starting point for the additional, to
accommodate our .fimri1y 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 that special conditions and circumstances do not result from the actions of the applicant.
Response: We bought the house in the existing condition and no work: was done by us.
C. The granting oftJIe. variam:ewill not router on the applicant any special privilege.dJat is denied by
this ordinance to other 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 of living area, with the proposed addition of 630 square feet
which will consist of a master-bedroomplus an additional room and bath fur my siek mom woufd increase
to 1,698 square feet.
. D. That literal interpretation of the provisions of this chapter would deprive U.S. of rights commonly
enjoyed by outer properties in the same zoning district tmder the tenDS of the Ordinance and would
wort~ and undue hardsbip on the applicant.
Response: Due to the existing location of our house in the middle of a eomer lot, and the existing plan
.layout the provision of the chapter would prevent us 1i:olt1 the increase of space. Reasonable expansion with
3-25 feet setback woold. make it a hard ship 00 us.
E. That the wriance granted. is the minimum ~ that will nmke possible the l'e89lm1\ble me of
the land, building Of ittuCturt'.
Resp<mse: The variance requested is the amount of space we need to do the addition.
P. 1Mt the granting of the variance will be in harmony with the general intent and ~e of this
~pte:r and that such variance will not be injurious to the area involved or other wise detrimental
'to the public welfilre.
Response: The variance if granted would be a great improvement to 'the area and it win not effect 1he
adjacent property owners Dor will it be detrfmentaI 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/ENVIRONMENTALIST
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.
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