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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~ (f\ ~.~~ 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 ;r-. ,U"l MAR-Q,UU5 I ',_:. , I , ! I 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: :5t>'ti:--~t:: e"v_.vtt)~"'; . / B"V/(h, FL ?J y.;J.~:> 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). I<,,;/,'i/~ /I'L-V.:.-t L ll~ (~)t'1IJ'''U'2- rJ.. . ,Si:'C.-l.li")_t/ 5-(<:::") . I2tc/;Ri(o-V (.(' , . f2'/'f/L . S't- -t b.4C k 4,,,<-..'\ , I OlS-te 1,5-. 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. ~ ~ ,)7;>// (,;,-/';;1.'';; SIb r;1.) 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 , '._.h"_h'~..__. ...... _.._. u_"._ _ .___ ...... 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 'f'Ij':tftl~;'''''' _..... -- - ... .4 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 ~UD '~uJt.. AZ~~r/ / 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 l' , ;.. SM'( TA -. lIa/VWC~ ~1-s.'" .;(~' '\..1::0 I <-( 4 u-:- 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 . c:c:v.J- ~ v.e~d "1/u C(.. !): ~~~'~~<~~ 7A~t~ -~-""'~ S~, -, .. -. ~..___:~ I _~.. .-~~ ~ ~* ~~'"J ~~~~y 'Yt';'~, ~J , .A.Nl- Ci (1.... ~ . JI/J e~ t.U , , ( ~I ~ tL";;. ~~ ~I'\C_t:!:::;,d~ 0/) fM ~ 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 ,: .,.. 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 , , , j c-t----;:;Zc- )2. I(~ f'0.- -a:. V\. S:\P1anning\P1anning\Pre-App Form pp 1-3\Pre-application Form p3,doc ... -I -- r-+- - CD r -- :J CD ......J.. ...... 5. 11 ~ ~ ..... CD' $2. .