APPLICATION
PROJECT NAME: 2525 SW' 14th Street
LOCATION:
PCN: 08-43-45-32-03-022-0150
I FILE NO.: ZNCV 05-001
AGENT/CONTACT PERSON:
II TYPE OF APPLICATION:
OWNER:
Jeffrey A Smith ADDRESS:
ADDRESS: 2525 SW 14th Street FAX:
Boynton Beach, FL 33426 PHONE:
FAX: _ 561-681-6232 ~.\k' @ o.D~
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PHONE: 561-732-5055 "! '. ~ e.~ ul r"
W -561-682-2516 e.-f'P" \
SUBMITT AL / RESUBMITT AL 3/9/05
1 ST REVIEW COMMENTS DUE:
PUBLIC NOTICE: 5/14/05
2nd Review MEETING:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 5/24/05
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING:
COMMENTS:
6/21/05
S:\P1anning\SHARED\WP\PROJEcTS\2525 SW 14th Street\2004 PROJECT TRACKING INFO.doc
City Codes Accessed Via Website
\\- ww.boynton-beach.org
www.amlegal.com/boynton_beach_fl.us
Has applicant attended a pre-application meeting?
Date
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,U"l MAR-Q,UU5
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SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MeE-llNGS AND
SUBMITTAL DATES:
CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
CODE VARIANCE APPLICATION
Please Print (in ink) or Type
Submittal Date:
The undersigned owner(s) hereby respectfully petition(s) the City Of Boynton Beach to grant to
petitioner(s) a special exception or variance to existing code of said City pertaining to the property
hereinafter described and in support thereof state(s):
Property involved is described as follows:
Lot( s )
Block
Subdivision
Plat Book f> 7/ 7,:;'
Property Address ,.,)S:;?S ".j'. l(,1. I '-I+h
Page 13.~-7
or otherwise described as follows:
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B"V/(h, FL
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PCN Number OJ> <13 -<-;.'5 -3;) -o,~ . o,;z.a. - (J/.c.;-C'
Variance requested including code chapter and section, existing code standards (Le,
setback distance, number of required parking spaces etc.), requested standard and the
variance (existing code standard minus requested standard).
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The following documents are required to be submitted with this application to form a single package,
An I ncomplete package will not be accepted:
1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H, Legal Description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
Zoning Code Variance Application
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that are to remain on site
C, Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3.. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an agent is submittina the petition. a notarized copy of a letter designating him as
such must accompany the petition.
4. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the seven (7) questions below (A-G) on a separate sheet (Please print
or type ):
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 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;
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 and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
G. Variances 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
nonconforming. 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.
5. An application fee in the amount of $400.00 plus postage, payable to the City of Boynton
2
Zoning Code Variance Application
Beach, must accompany a completed application. The $400.00 application fee covers a
request to vary one (1) section of the Code. Seeking relief from more than one section of the
Code will require payment of $100.00 for each additional Code section.
6. Name and address of owner: ];.0 rl?u. y /I. ,5.?? I ~ h
7. Name of applicant: J:rFPIf'j 11. 5."YI/~ 4
8. Applicant's address: ';;S;;t.s- ,",w /~-t-/' s't, (kyl/-,t-o...v eX)t F~ J3~/~6
Applicant's phone #:'j-b I I "7~,;1 - So 5S- rH)
Applicant's facsimile #: 5~ II l" f 1 - b.J. ~ ~
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Date: 3 /S;/ 0 :,'-
Signature of Applicant: ~ 4, .~
9. Representative of the project must be present at all Technical Review Committee,
Planning and Development Board or Community Redevelopment Agency Board and City
Commission meetings held to review this project.
3
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 sun/heat, 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 11 (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 vanance.
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 Variance
Page 2 of2
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.
Re~ur To: Myra Gendel, Esq.
May , Flanigan et al., P.A.
6 N. Flagler Drive ,
West Palm Beach, FL 33401 J
Prepared By:
AGNES S. HOLLINGSHEAD, P,A.
AlIOfney At Law
WARRANTY DEED
INDIVIDUAL TO INDIVIDUAL
Mf',R-25-1992 02:3f;pm 92-087 6./'; 0
1325 S. Congress Avenue. Sulle 247
Boynton Beach. FL 33426
ORB
7172 P'3 1357
,
407.736-9966
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Property ^pprni.~en Parcell.D. (Folio) Number(s):
08-43-45-32-03-022-0150
Grnnlee(s) 5.5.#(5):
,!lI'AClt ABOVE TillS LINK F'OR PROCKSSING DATA
Con 90,000.00 Doc 5~O.OO
CLERK OF THE,COURT - PB COUNTY~ FL
SPACK ABOVE nns LINK F'OR Rtl:CORDING DATA
This Warra1lty Deed Madethe 25th dayof March A.D.1992 by
MALCOLM S. ROWE, a married man,
who resides at 2205 SW 22nd Way, Boynton Beach, FL 33426
hereinafter called the grafllor, to
JEFFREY A. SMITH and CINDY J. SMITH, his wife,
whosepostoffice address is 2525 SW 14th Street, Boynton Beach, FL 33426
hereinafter called the grafllee:
(Wherever u~ed herein the tenns "gl'llntor" and "gl'llntee" include all the parties to this instroment and
the heirs, legal representatives and I8signs of individuals, and the successors and I8signs of eorporalion)
WITNESSETII: That the grantor,for an in consideration of the sum of$ 10.00 mId other
vaLuabLe considerations, receipt whereof is hereby acknowLedged, hereby grant.r, bargains, sells, aliens, re-
mises, releases, conveys and confinns unto the grantee, all that certain land situate in Palm Beach
County, Florida, viz: '
Lot 15, Block 22, GOLFVIEW HARBOUR, SECTION
thereof, recorded in Plat Book 27, pages 46
Records of Palm Beach County, Florida
SUBJECT TO anyand:all valid zoning ordinances.
2, according to the Plat
through 47 of the Public
JOo.,'
~{f
This property is not Homestead.
Boynton Beach, FL 33426
Grantor resides at: 2205 SW 22nd Way,
Together with all the tenements, hereditaments and appurtenances thereto beLonging or in anywise
appertaining.
To I-lave alld to IIold, the same infee simpLe forever.
And the grantor hereby covellant.r with said grantee tllat tile grantor i.r Lawfully seized of said land
in fee simpLe, that the grantor has good right and LawfuL authority to sell and convey said land; that the
grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of
aLll'crs011.r wh01nsoever; and that said Land i,f free of all encumbrances, l'xcept taxes accruing subsequent
to Decemher 31, 199/, restrictions, reservations, covenants and easements of record, if any.
III Witness Whereof, the said grantor has signed and seaLed these presents the day and year
first above writtell.
Si ned, seaLed and delivered ill our presellce:
M
Post Office Address
Printed Signal,!re
Witnes~ Signnture
Printed Signature
Wilne~s Signature
Po~l Office Address
Prinled Sign. lure
[SEE ATTACHED N<Jl'ARY' ACKNCWL~]
. PALM BEACH
I HER 'RTIFY that on this day, before me, an offieer duly authorized in the Slate aforesaid and in
.the County aforesaid, to la owledgments, pel'llonally appeared MALCOLM S. ROWE
who is/arc personally known to me or who has ed
as identilication and who did take an oath.
WITNESS my hand and official seal in lhe County and SIa
A. D. 19 92 .
SEAL
25th
day of March
, .
. Notary Signature
Printed Notary Signalure Title or Rank
~
ORB 71 72 P<1 1358
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this 25th
day of March, 1992, by MALCOLM S. ROWE
\
who is personally known to me
-- who produced I-Iu. Dr, ve..rs. LIU-nS,L- as identification
(type of identification)
and who
did
-' did not take an oath.
JJ~ (2 YY)fYUU
Notary Public I'
Pr int Name: behortU1 Il f110c.itt1.t
My Commission Expires:)
Commi ss ion Number: C!L /80'11'1
t
..,........, DEBORAH R. MOGNY
~ " tJ'l' '''!'t', ""71
~"$.;,.;&..;c:.~ MY COMMIS.',IOtI N CC 16e".
h ~ ~:~ EXPIRES: March 13. 1596 .
~:;,:.J~.; :?;~~.: Bonded Thill Notary PublIC lJnd8rwriters
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RECORD VERiFiED
PALM BEACH COUNTY, FLA.
ClERK CIRCUIT COURT
Time and Date of Meeting kJ t.1l.. (2-/.2.1... P 1Of1-t....
Those :ttendin.9meeting:/1
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PRE-APPLICATION CONTACT QUESTIONS
Applicant's Name: ~l;t 9dtu'J"A Phone: Wcl-.(.f7 {. v' d;
1. HAVE YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT?
Yes No
(IF YES, HAVE THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?
STAFF MEMBERS NAME:
2. LOCATION OF PROPERTY (CROSS STREETS/INTERSECTIONS)
/J?J" rl ('
'-..1 tu Ii ~ .Er
3. WHAT WOULD YOU LIKE TO DO?
NEW PROJECT
BUILDING EXPANSION OR MODIF'ICA TION
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE:
POOL OR SCREEN ENCLOSURE 1 _ /J A J
COMMERCIAL PROPERTY? ~4eZ v~J /J
7' RESIDENTIAL PROPERTY? ,4c/'J-lcf1. d"t-t- I Na__ /<.C-LL/
~USTRlALPROPERTY?
DO YOU KNOW THE ZONING CODE DESIGNATION?
4. TIME AND DATE PREFERRED
5. HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING?
Note: Tell the person that someone from the Department will call them to confirm the meeting.
..................................................................................
· Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled
no less than two (2) days prior to date/time of meeting. Ifurgency is sensed, discuss with Mike.
· Meetin2s may be scheduled:
Monday afternoons
Tuesday all day
Wednesday all day
Thursday mornings
Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m.
S:\PIanning\PIanning\Pre-App Form pp I-3\Pre-application Form p I.doc
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PRE-APPLICATION CONFERENCE REVIEW FORM
Date I Z--2-Z --oL/ Time Started If) , ,7() ft1lA Time Finished II '()/J /JV
Attendinp as ~pplicant ~ S~\
Phone ( C).R I L & 8'2'" ~ Fax
Proposed Project Information
Proposed Project Name and sell Jl .'1. .P n _ ..._
TypelUse UCU1A.CVtVtf - ~ ~-V~
Site Location (Address if Available) l.::lJ StJ, Lj'n St;uq-
Site PCN
Existing Zoning 12- I fr.;f Proposed Zoning ;.) l
Existing Land Use. Density Proposed Land Use/Density /
Anticipated Submittal Date
Vacant
Notes and Comments
Lot Area
Lot Frontage
Lot Depth
Setback R~:C; 2C; ~)
Height
Parking Requirements or Improvements
Landscaping/Buffering
Non-conforming Use or Change in Use
Other Zoning Changes Required
Hazardous Material
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NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals,
objectives, policies and codes as related to the proposed development and to discuss site plan review procedures.
Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff
comments may be forthcoming based on actual plans submitted for review.
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE:
TIME:
ATTENDING FOR APPLICANT:
NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes as related to the proposed development and to
discuss site plan review procedures. Opinions expressed at the pre-application conference are not
binding for formal review purposes. Additional staff comments may be forthcoming based on actual
lans submitted for review.
City of Boynton Beach Attending for Applicant
Attendin Staff
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