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LEGAL APPROVAL The City of Boynton 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 July 8,2005 www.boynton-beach.org Mr. Jeffrey Smith 2525 SW 14th Street Boynton Beach, FL 33426 Dear Mr. Smith: Re: For: File No.: Location: Dear Mr. Smith: Zoning Code Variance Request Relief from Setback requirements ZNCV 05-001 2525 SW 14th Street - Lot 15, Blk. 22 Golf View Harbour Estates 2nd Section Enclosed is the City of Boynton Beach Development Order for application item ZNCV 05-001. This approval is for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 5.C.2 requiring a twenty-five foot (25') rear yard building setback to allow a ten-foot (10') variance, resulting in a fifteen foot (15') rear yard building setback for an existing hard roof screen enclosure within the R-l-AA Single-family Residential zoning district. The City Commission approved this variance on June 21,2005. 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, JelL Michael W. Rumpf Director of Planning & Zoning MWR:ad Ene. - Dev. Order S:\P1anning\SHARED\WP\PROJECTS\2525 SW 14th Street\Appv11tr after CC.doc t DEVELOPMEI~ORDER OF THE CITY COMMIS~ OF THE CITY OF BOYNTON BEACH, FLORIDA Development P&Z Building Engineering Occ. License Deputy City Clerk PROJECT NAME: Jeffrey Smith Variance, 2525 SW 14th Street I ZNCV 05-001 APPLICANT'S AGENT: Mr. Jeffrey A. Smith APPLICANT'S ADDRESS: 2525 Southwest 14th Street Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 21, 2005 TYPE OF RELIEF SOUGHT: Zoning Code Variance LOCATION OF PROPERTY: 2525 Southwest 14th Street - Lot 15, Block 22 Golf View Harbour Estates 2nd Section DRAWING(S): SEE EXHIBITS "B & "C" 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: 6. 7. DATED: 1. Application for the relief sought was made by the Applicant in a m the requirements of the City's Land Development Regulations. r-consistent-with 'I L't, Ii" 1'( O' '," !,' o I ( " i'i) ~ !/ i' W i JUN 2 i~ 2005 \ ) n, ,f n ! f Iii i ~ 2. The AppliC?'lt -L- HAS HAS NOT DEPARTMENT OF DEVELOPMENl established by substantial competent evidence a basis for the relie . 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 APP~'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. All further development on the property shall be made in accordance with the terms and conditions of this order. 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',/ 8037 snRRIJPCAYCT., BOYNfON Bl:ACH. FL ...:':..... _ . - ;\~_', ,< PH: 681-736-3804 FAX: 681-734-3818 -':".:j,;,: .", "." "fT.:,.,....... 2 x 2 2x2 Ix2 6' 6' i5~ ~ij) m::! z ~G\ I I m )( iji -f ~ 2 (J) m ~ 0> () j:: ()-aZ J:>.,tS'<o nt-nmiil G\bJ~.. otl~ ~"" -~~ 01'-(1) .-~~ ~ ~() ~~ :Ir '11- J:m E(I) z~ o~ ,0> ~S - E. POU.PY lP4II6l2NJ -- f ;t EXHIBIT 0 Statement of Reasons to Justify Variance Request Smith Residence 2525 S,W. 14th Street Boynton Beach, FL 33406 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. Response: Due to increased costs of newer homes and smaller lot sizes, we decided to stay with our current residence and make modifications. This is a modest expansion. We had an existing concrete patio slab, but due to afternoon sunlheat, did not use often. Therefore, we wanted a roofed patio for sun/rain protection. . A screen roof is subject to only an 8 ft setback (Chapter 2, Section II (F)) while a panel- roofed patio is required to have a 25 ft setback (Chapter 2, Section 5 (C)). They are the same structure, one just provides shade and rain protection. Both have the same net loss of green space. The residence directly south of my property has an enclosed addition (permanent) with very similar setback footage as my patio. I believe this was approved by the City without a variance. B. That the special conditions and circumstances do not result from the actions of the applicant. Response: The screen room was built without the benefit of an approved permit. The appropriate permit application and fees were submitted prior to construction. However, the contractor was not aware of the 25 ft setback requirement and initiated construction prior to notice of the permit being denied. This is an after-the-fact request for a variance. In the aftermath of the recent hurricane season, the cost to make the necessary modifications to come into compliance has greatly increased. Currently proposed changes to the 25 ft setback standard in the Land Development Regulations may provide relief. 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. Response: The setback standards in the City's Land Development Regulations are currently under review, The City is revisiting the setback standards in an effort to better facilitate neighborhood revitalization. This may be in response to increased improvements being made to existing homes. At the time of submittal of this application, the rear setback standard requirement is being proposed for change from 25 ft to 20 ft. In addition, the Planning and Zoning Division will have the discretion to grant another 5 ft " Smith Residence Vari.. _..;e Page 2 of2 \ EXHIBIT 0 without a variance, This may reduce the rear setback to as little as 15 ft. These LDR recommendations are scheduled to go before the City Commission in April. Pending the final resolution, this variance may not confer any special privilege. D. That literal interpretation of the provisions of this chapter 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. Response: . Many communities are now being built with zero lot lines, which allow structures to be immediately adjacent to property boundary. My lot is larger than many lots in newer developments, however the existing setback standards for my zoning district restricts the expansion of a structure nearer to or closer to the property boundary. E. That the variance requested represents the minimum required to serve the applicant's needs for the addition. Response: The 10ft setback variance requested would allow the current screen room structure to remain without major modifications. F. That the granting of the variance will be in harmony. with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: The existing structure meets all the applicable building standards and does not present any potential hazards to the adjacent property owners. This is the typical screen room construction and materials that are used throughout south Florida. This screen room withstood the recent hurricane season without any damage. G. Variance to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become non-conforming. Applicant shall provide an affidavit with the application for variance stating that the above mentioned conditions exist with respect to the acquisition of additional property. Response: Property is located within Golfview Harbor Estates, a R-l-AA Single Family Residential District. Purchase of adjacent lots is not feasible. Purchase of any adjacent lots would not provide relief from setback standard. EXHIBIT "E" Conditions of Approval Project name: Smith Variance File number: ZNCV 05-001 Reference: 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 FORESTERlENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. Staff recommends approval of the subject variance request contingent upon X the approval of the proposed code amendment (CDRV 05-007 - Special Rear Yard Setback Reduction) to the Land Development Regulations. Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. ~ S:\P1anning\SHARED\WP\PROJECfS\2525 SW 14th Street\COA.doc :. ~ 1 S;\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc