LEGAL APPROVAL
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PROJECT NAME:
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FL( .DA
K(. ..I.' s~ d
Hendricks Variance (ZNCV 04-003)
APPLICANT'S AGENT: Thomas & Rona Hendricks
APPLICANT'S ADDRESS: 911 SW 28th Avenue, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1,2004
TYPE OF RELIEF SOUGHT: Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a
minimum rear yard setback of 25 feet for a single-family home within the R":1-AA zoning district,
to allow for a variance of 1 0 feet, and a rear yard setback of 15 feet.
,
.;-...---,... -'
LOCATION OF PROPERTY: 911 SW 28th Avenue Street
DRAWING(S): SEE EXHIBIT"B" 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 bffhe applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. ..Application for the relief sought was made by the Applicant in a manner consistent with
-- the requirements of the City's Land Development Regulations.
2. The App.licant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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 Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with l '
and conditions of this order. '
7. Other
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
June 28, 2004
Thomas and Rona Hendricks
911 SW 28th Avenue
Boynton Beach, FL 33435
RE: Development Order Revised for Hendricks Variance (ZNCV 04-003)
Dear Mr. and Mrs. Hendricks:
Please find enclosed revised Development Order that the City Clerk's office has signed
for the Hendricks Variance (ZNCV 04-003) that was before City Commission on June 1,
2004. The applicant's address has been revised to read 911 SW 28th Avenue in
Boynton Beach.
Please replace the one sent to you in the approval letter dated June 7, 2004 with this
revised copy. If you have any questions, please call Maxime Ducoste.
s~ 4LL
Patricia A. Tucker
Administrative Assistant
Planning and Zoning Division
Enclosure revised DO
PAT
S:\Planning\SHARED\WP\PROJECTS\Hendricks Variance\Hendricks Variance ZNCV 04-003 revised DO 6-28-04.rtf
DEVELC
\IIENT ORDER OF THE CITY cor .ISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Ke \/,'.s-e d
Hendricks Variance (ZNCV 04-003)
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
Thomas & Rona Hendricks
911 SW 28th Avenue, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1,2004
TYPE OF RELIEF SOUGHT: Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a
minimum rear yard setback of 25 feet for a single-family home within the R";1-M zoning district,
to allow for a variance of 1 0 feet, and a rear yard setback of 15 feet.
LOCATION OF PROPERTY: 911 SW 28th Avenue Street
~.",-~,-~.~.-... -
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
:;"
X TH IS 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 byfhe applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. .Application for the relief sought was made by the Applicant in a manner consistent with
, the requirements of the City's Land Development Regulations.
2. The App.licant
'X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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 Applicant's application for relief is hereby
X GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with "t
and conditions of this order.
7. Other
The City of Boylt'con 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
June 7, 2004
www.boynton-beach.org
Mr. Thomas Hendricks
922 S.W. 29th Avenue
Boynton Beach, Florida 33435
Re:
For:
File No.:
Location:
Variance Request
Setbacks
ZNCV 04-003
922 S.W. 29th Avenue
Dear Mr. Hendricks:
Enclosed is the City of Boynton Beach Development Order for application item ZNCV 04-003 which
represents approval for the relief from the City of Boynton Beach Land Development Regulations, Chapter
2, Zoning, Section 5.C.2.a. requiring a minimum rear yard setback of twenty-five feet (25') for a single-
family home within the R-1-AA zoning district to allow for a variance of ten feet (10') and a rear yard
setback of fifteen feet (15') The City Commission approved this variance on June 1,2004.
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,
102-
Michael W. Rumpf
Director of Planning & Zoning
MWR:jdc
Attachment: Development Order
Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\Hendricks Variance\Approval form letter after CC June I 2004.dcx::
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DEVELOPMF T ORDER OF THE CITY COMMIS - 'f)N OF THE
Ci I Y OF BOYNTON BEACH, FLORluA
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PROJECT NAME:
APPLICANT'S AGENT:
Hendricks Variance (ZNCV 04-003)
Development
P&Z
Building
Engineering
Occ. License
Deputy City Clerk
Thomas & Rona Hendricks
APPLICANT'S ADDRESS: 922 SW 29th Avenue, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 1, 2004
TYPE OF RELIEF SOUGHT: Request for relief from Chapter 2, Zoning Section 5.C.2.a, requiring a
minimum rear yard setback of 25 feet for a single-family home within the R-1-AA zoning district,
to allow for a variance of 10 feet, and a rear yard setback of 15 feet.
LOCATION OF PROPERTY: 911 SW 28th Street ( .f" , '
DRAWING(S): SEE EXHIBIT "B" 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:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
X HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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 Applicant'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.
6. All further development on the property shall be made in accordance with the
and conditions of this order.
DATED:
.
City Clerk
ariance\DO Hendricks Variance.doc
7. Other
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911 6OIJ'n.lWEST 28th AVENUE ....,,~~.....---- --...-
5OYNTON BEACH, FI...ORIOA -~-- ............. .............
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PROPoeeo POOL DECK
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SOUTHWEST 28th AVENUE
EXHIBIT "B"
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SITE PLAN
1/8" Se,
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EXHIBIT "C'"
,
Section 5. Zoning Code Variance Application:
Thomas & Rona Hendricks
911 SW 28th Ave
A. The property in question is a 2 bedrooml2 bath home located on a 85 x 110 lot.
The home was purchased with the intent of adding a 3rd bedroom to accommodate
the family (Thomas, Rona Thomas Jr. & Rebecca). The current layout of the
home dictates that the addition should be added to the NorthlWest side of the
property. Any other positioning of the addition will also require a variance and
complicate the construction and add wmecessary cost. In addition, other
positioning of the improvements will tend to minimize the potential increase in
property value.
B. The above special conditions/circumstances are not a result of any action of the
applicants.
C. Granting of this variance will not confer any special privilege to the applicants.
As stated in section D. below, the city has granted a similar variance to other
residents in the same zoning district. ill addition, upon review of other properties
in the area it is evident that the setback has been encroached upon at one time or
another.
D. By not granting this variance the city of Boynton Beach will deprive the
applicants of rights enjoyed by other properties in the same zoning district.
Specifically, a variance was granted to the owners of the property located at 710
SW 27th Ave. (Lot 11, Bock 9, Forest Hills Subdivision) on 6/3/2003 which
provided the owners relief from Chapter 2, Zoning Section 5.C.2.a which requires
a minimum rear setback of 25ft. for a single-family residential (R-I-AA) zoning
district. ill addition, the city acknowledges that the setbacks are unreasonable and
are currently reviewing the rear setbacks with the intention of reducing them to be
more reasonable and in line with other municipalities in the area.
E. The subject improvement represents a minor expansion of the home relative to the
minimum living area standard applicable to the subject zoning district. The
proposed improvements will add approx 450 sq. ft ofliving space to the existing
1300 sq. ft. home. Most other homes in the area are 3-4 bedroom homes with total
square footage in excess of2500 sq ft. on similar size lots.
F. The granting of this variance and the resulting improvements will be in harmony
with the surrounding properties and will not be injurious to the area involved or
detrimental to the public welfare. ill addition, the proposed improvements will
add value to said property and in general contribute to the overall raising of
property values in the subject zoning district.
"
EXHIBIT "D"
Conditions of Approval
Project name: Hendrick Variance
File number: ZNCV 04-003
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
Conunents: None X
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. '1t ~ It
S:\Planning\SHARED\ WP\PROJECfS\Hendricks Variance\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON
BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of
the zoning code of said City:
Owner:
Thomas and Rona Hendricks
Request: Relief from Chapter 2, Zoning Section 5.C.2.a,
requiring a minimum rear yard setback of 25 feet for a single-family home
within the R-l-AA zoning district, to allow for a variance of 10 feet, and a
rear yard setback of 15 feet for a home addition.
Location:
911 SW 28th Avenue
Legal:
FOREST HILLS LT 12 BLK 16
A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT
BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE
COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.,
BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 25,2004, AT 6:30 P.M.
All interested parties are notified to appear at said hearings in person or by attorney and
be heard or file any written comments prior to the hearing date. Any person who decides
to appeal any decision of the Planning and Development Board with respect to any matter
considered at these meetings will need a record of the proceedings and for such purpose
may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford
an individual with a disability an equal opportunity to participate in and enjoy the
benefits of a service, program, or activity conducted by the City. Please contact Patricia
Tucker (561) 742-6268, at least twenty-four (24) hours prior to the program or activity in
order for the City to reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
PUBLISH:
THE POST
MAY 10,2004