REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-121
STAFF REPORT
To:
Chair and Members
Community Redevelopment Agency Board and City Commission
Through:
From:
Michael Rumpf
Planning and Zoning Director
Ene Lee Johnson, AICP c~
Planner ()
Meeting
Date:
July 12, 2005
File No: ZNCV 05-003
Location: 2625 Lake Drive North (Lots 31 & 32 in Lakeside Gardens)
Owner: Avon Investments Incorporated
Project: Construct a single-family detached home
Request: Request for relief from the City of Boynton Beach land Development Regulations, Chapter
2, Zoning, Section 5.C.2, requiring a seventy-five (75) foot minimum lot frontage to allow
a 22-foot variance, resulting in a fifty-three (53) foot minimum lot frontage within the R-
1-AA Single-family Residential zoning district.
BACKGROUND
Mr. Jeff Tomberg, agent for the property owner (Avon Investments Incorporated) submitted the
variance request on April 20, 2005 (see Exhibit "C"). As of today, this office has not received any letters
of support or denial by the neighboring property owners. The subject property is comprised of two (2)
lots, zoned R-1-AA, Single-family residential (see Exhibit "A" - Location Map). They are located on the
east side of lake Drive North, just south of the intersection of Lake Drive North and Dimick Road. The
lots were platted on January 22, 1922 as part of the Lakeside Gardens subdivision. Both lots combined
form a single parcel that is dimensioned 53 feet in width and 160.69 feet in depth. The width of the lot
is wider at the street front (Lake Drive North) than it is at the rear (along the Intracoastal Waterway).
Evidently, the owner was able to acquire a three (3) foot wide sliver of land from the property to the
south (Lot 33). This sliver of land is approximately 55 feet deep. A single-family detached home was
previously built on the property. However, Building Permit #04-4869 permitted the demolition of the
existing house. Now, the 0.188-acre parcel is vacant and does not conform to current R-1-AA zoning
district regulations as it relates to lot width. The owner applied for a building permit (#05-1493) to
construct a new single-family detached dwelling.
The district regulations of the R-1-AA zoning district are as follows:
· Minimum lot area: 7,500 square feet if lot is platted prior to June 13, 1975
· Front and Rear setback: 25 feet;
· Side setback: 7.5 feet if lot is platted prior to June 13, 1975
· Maximum Lot Coverage: 35%
Page 2
2625 Lake Drive North Variance
File No. ZNCV 05-003
The survey (Exhibit "B'') shows that placement and configuration of the house, proposed on the subject
parcel, would be located 25 feet from the front property line, seven and one-half (7-112) feet away from
the side property lines, and over 39 feet from the rear property line. The placement of the new house
would comply with code, except that the lot frontage does not meet the minimum required by the R-1-
AA zoning district. The property has been zoned R-1-AA since 1961.
ANALYSIS
According to Chapter 1.5, Article II, Section 2.1.D. of the Land Development Regulations, 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.
g. For 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 non-conforming. The applicant for
such variances shall provide an affidavit with the application for variance stating that the above
mentioned conditions exist with respect to the acquisition of additional property.
Staff reviewed the requested variance focusing on the applicant's response to the above criteria
contained in Exhibit "C". With regards to the applicant's response to criteria ''a'' and ''b'; special
conditions or circumstances appear to be peculiar to the land on which this variance is being sought.
Despite the fact that the property owner acquired a three (3) foot wide sliver, the lots were platted in
1922 with widths of 25-foot. During the course of time, various property owners combined two or more
lots to form parcels that were practical to build upon. The subject property is one such parcel where
two (2) lots have been combined and a house could be built and meet the zoning district's required
setbacks. With regard to criteria "c', no special privilege would be granted to the applicant because a
number of similar lots within this subdivision (with 50-foot lot frontage) have houses built upon them
(see Exhibit "D" - Aerial photograph). Likewise, literal interpretation of provisions of the hardship
criteria would in fact, deprive the applicant of the rights previously enjoyed by other properties in the
same zoning district within the same subdivision. With respect to criteria "e' and "f', the variance
sought would be the minimum necessary to make possible the reasonable use of the land for a single-
Page 3
2625 Lake Drive North Variance
File No. ZNCV 05-003
family detached home. Granting of the variance would not change the nature or character of the
neighborhood due to the fact that there was a house already built on the property. Contemporary
homes (built within this area of the city) tend to be constructed larger in size than their predecessors.
Larger homes are the product of rising property values in conjunction with diminishing supply of vacant
properties, especially within desirable areas of the city. Staff has no objection to larger homes, as long
as these homes are built in accordance with the regulations of the R-1-AA zoning district. It appears as
though the proposed survey shows the placement of the house would comply with all setback
regulations. Lastly, the aerial photograph shows that the subject property is bounded by Lot 33 of
Lakeside Gardens to the south (improved with a single-family home), and a 4.2-foot wide walk
easement of the plat to the north; the subject lots cannot be expanded to either the north or the south.
It should be noted that last year, Mr. Rod Regan attempted to abandon the walk easement to the north
in order to acquire additional property. However, his abandonment request was denied by the City
Commission. Therefore, there would be no future opportunity for acquiring additional property.
Under Chapter 2, Section 11.1.C.3, Non-Conforming lots, a detached, single-family dwelling may be
constructed on any parcel in an R-1-AA district, without requiring a variance, provided that it meets the
following requirements: 1) the parcel contains at least one whole platted lot; 2) the parcel has a
frontage of not less than 60 feet, and a lot area of not less than 6,750 square feet in area; and 3) it
would not be possible to acquire property from adjacent parcels so as to make the subject parcel
conforming, without causing the adjacent parcels or structures thereon to become non-conforming or
more non-conforming. The applicant would meet all of the criteria for being allowed to construct a
home without the necessity of a variance under these non-conforming provisions, except if the applicant
has 53 foot frontage and not the requisite 60 feet, a deficit of 7 feet.
CONCLUSIONS/RECOMMENDATION
As analyzed above, the proposed variance request would appear to comply with the entire above-
referenced criteria. It is a challenge to the city to know when to adhere to new zoning regulations, and
therefore through attrition bring neighborhoods up to current standards, and when to recognize
development rights established, in part, by original platting. However, staff has arrived at this
conclusion based on the fact that the property remains as originally platted, various properties in the
neighborhood have been improved that are similar in size, that the total width of the subject lot is only
eight (8) feet narrower than the minimum width required for the R-1-AA zoning district for a legal non-
conforming lot, and based on the inability to expand the subject lot to a conforming width. Therefore,
staff recommends approval of the requested variance of 22 feet, to reduce the minimum required lot
frontage from 75 feet to 53 feet, within the R-1-AA zoning district. No conditions of approval are
recommended by staff. Any conditions of approval added by the Community Redevelopment Agency or
City Commission will be placed in Exhibit "E" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\2625 Lake Drive North\Staff Report.doc
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L.OGATION MAP
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DRAINAGE NOTES:
Fl-OOD ZeN:: A7 (El- ~) 0~i'0/6Z
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CERTIFY TO:
AVON INVE'>TM:NT'>. IN(;.
l-NITED 6EN:1?Al- TITl-E IN'llJRANCE CWPf>Nf
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4. OEARINlJ'> ARE OASED ON TH: WEST R/\r l-It-l:
OF l-AKE SIDE DI?IVE, A'nl.M:D TO !'EAR
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5, ~a-I ROD /oN} CN' l-N-E">'> NOTED,
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DIVI':)ION OF THE TOIlN OF f'OYNTON, F\..ORIDA, ACCORDING TO ltiE PL.AT OF ?AID
'7LeD I V I ':11 ON RECORDED I N THE OFF I GE OF THE G\..ERK OF THE C I RGtJI T GOIJRT IN
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~TH 'Tl-tREE FEET OF THE \lVE'7T "., FEET OF L.OT THIRTY-lr<<EE (HI.
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f'O\1\lTON "EAC;H, F\..O~ I DA "4"
OFFI'E: 5~ -1"-04'2 FAX: 5~ -1"-OQ06
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EXHIBIT C
Application for variance of Rod Regan, Avon Investments, Inc.
Statement of Special Conditions:
A. Special conditions exist which are peculiar to the land which are not applicable
to other land in the same zone and district. Result from the property being platted
prior to the modern zoning codes. This Plat dates back more than 50 years. At
the time the individual lots were platted in 25-foot frontage by 160' depth. The
applicant owns Lots 31 and 32, and has a 3' parcel relating to Lot 33.
B. The special conditions arise from the lot having been previously platted and the
City amending or altering the size frontage requirements for single family
residential lots. The non-conforming use existed prior to the purchase of the
property by the applicant.
C. Granting the variance will not confer on the applicant any special privilege denied
by this ordinance against other lands or structures in the same zoning district, or
simply allow the applicant to build on property he currently owns that previously
had a residence on it.
D. Literal interpretation of provisions of this chapter would deprive the applicant of
the rights commonly enjoyed by other properties in the same zoning district by
precluding him from building on a previously-built residential lot, which at the time
it was originally platted and built upon, the two lots conformed with necessary
zoning codes. Currently the zoning and ordinance in questions requires a 60-foot
frontage, and the applicant does not have 60 front feet.
E. The variance granted is the minimum variance that will make possible the
reasonable use of this property. The reasonable use of this land is for a single
family residence, and without the variance this property is non-conforming
because it does not have the necessary frontage to comply with the ordinance.
F. The granting of the variance is consistent with the purpose of this chapter and the
variance does not change the nature or character of the neighborhood; nor does
it change the nature or character of the lot; nor is it otherwise detrimental to the
public welfare. Granting the variance will permit the applicant to remain consistent
with the nature and character of the existing neighborhood and consistent with the
existing use of the property. It is not injurious to the character of the neighborhood
in any respect.
G. Variance of minimum lot front requirements is not available to be purchased by
the applicant, as the property on Lot 33 currently has a residence on it and the
necessary frontage cannot be acquired by the applicant on the south side. On the
north side there is an easement for ingress and egress to the Lake Worth
waterway which cannot be acquired by applicant. There is no possible way to
acquire sufficient frontage to comply with the zoning code.
EXHIBIT 0
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EXHIBIT "E"
Conditions of Approval
Project name: 2625 Lake Drive North
File number: ZNCV 05-003
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
S:\Planning\SHARED\WP\PROJECTS\2625 Lake Drive North\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
Palm Beach County Property A upraiser Property Search System
Page 1 of 1
Property Information
Location Address: 2625 LAKE DR
r...rwiiMaa,1
Municipality: BOYNTON BEACH
Parcel Control Number: 08-43-45-15-02-000-0310
Subdivision: LAKESIDE GARDENS IN
Official Records Book: 16765 Page: 1518 Sale Date: Apr-2004
Le9al P~~cripti(m: LAKESIDE GARDENS LTS 31 & 32 & N 3 FT OF W 55.5 FT OF LT 33
Owner Information
Name: AVON INVESTMENTS INC
~wnars,_l
Mailing Address: 439 PINE TREE CT
LAKE WORTH FL 33462 1217
Sales Information
Sales Date Book/Page
Apr-2004 16765/:1518
Mar-1996 0916710708
PriceSaJeIype Owner
$685,000 WARRANTY DEED AVON INVESTMENTS INC
$100 LIFE ESTATE
[Exemptions
Exemption Information Unavailable.
Appraisals
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Use Code:
Tax Year 2004
Number of Units: 1
*Total Square Feet: 0.00
Description: VACANT
* in residential properties may indicate living area.
Tax Year:
Assessed Value:
Exemption Amount:
Taxable Value:
.tl'!t~IIll!!l",1ilBt1lll
Tax Values
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
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