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LEGAL APPROVAL ~ (..)0 ~rlr.t.e.A-"'-..--- 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:: ;.- L. .- Lf r; DEVELOPMF T ORDER OF THE CITY COMMIS - 'f)N OF THE Ci I Y OF BOYNTON BEACH, FLORluA ~. 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 S:\Planning\SHARED\WP\PROJECTS\Hen . 1 in. = 100.0 feet '" ".. R- R 1- HENDRICKS VARIANCE LOCATION MAP EXHIBIT "A" 2- L ~ IV ~ 'It () '" 11 C) \l ~ ~ 'JIb IJl ~5:)C)' C) I ~ -< '3"'" ~\jJ~~1Jl N\jJ~xr::: I ~ u.;. 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North N ~ 7lJ 0", () <b & ::s ~ _(1) _,(1) ~ ~1l0'.<l ::Ss::.~ -l> ~ ~,~ N -< '-! ':. .. ~ .. ~ ~ 'II .. a o , "- ~ () - 24,4' is i:l! If'e~t Ri~t of If' ay <? If' 8th ?treet '. -.. -.. ----!:.".".er I 202' -..-t. ~ II I I 1(,,2' 14.0' 'N I ~ ijl~ I ~ jll I n I i I I i I II l$> It t.. r 5' <> " .. ~ a r r a P " () --l .. , .. () Q ~. -n ~ a 'It ~ ;; ~ QJ ~ ~ ~ ~ ;- -t ~ " I .. r ~ r \J' .. .. 'g' o ,... .. .. '" \J1 .. .. " .. '" .. \J1 " r ~ ., IJl \) ~ 6' IC1.00' ~ Q 6' Q \J' /II" N t> ~ ~ 11 g -l> <> . "'- <t7' .3' N () :q 30r ...... " 10.00' [ .. SJi IJl \) ~ 6' \ rT1 G\ )> \ \J rT1 0' (') 7\J ~ -l CS Z EXHIBIT "B" ..tl \l 7\J CJ \l rn 7\J -l -< 1> D Q 7\J rn IS' ~ \>> :n \>> <> ~ ., \>> ;:;.:. \Jl !:> IJ) ~ 0- '::S s- ~ :l N QJ()'l '" .... !:> :r ~ ,;:r)> '" (\ 2 '" "'.,. HI ~Oo.l~ i I ! I I Q1 IS" ... "'" " 'ltt;; h GL, g", r~ 5'", l' " oo~d . I~: !iI I i I i i i i CP Ii iii ~ "'t % ~ 3" i )>. < . Ii ff i i I i i i i i i i i i 11 ~ ~ a ~ ~ % ~ = ~ HIS'IT "B" c 'l ..... ii ii i& ............. I I ft I I . -----------------------------------------------~ II I I , , II 1 1 I i ill II i !I !I (/ a 5 PROPOSED ADOITION FOR, PI'tEIClIIClN DIUFT1Nlt .10M) PIlllIGN INC 61l1l1JClU1tAL l!NGINEER. .MYMoA D&.....IIOnbaM~N.CIIIllD6.. TOM i-IEIIlORlCKS NORm CQUN1'Y ( 161 J ~ -- ~ COUNtY ( ... ) :r'lNOJ6 eon........ CA.y CT. 911 6OIJ'n.lWEST 28th AVENUE ....,,~~.....---- --...- 5OYNTON BEACH, FI...ORIOA -~-- ............. ............. -_._.- -,-..-- I ~.I ~ I 9 III U' 1.&' 61C>1t 6ltT !lACK I I I I I I . I . I I I I I .. ~ ~ 9 III PRopoeeo POOL ------------------ PROPoeeo POOL DECK EXISTING ONE STORY CBS HOUSE . . .. SOUTHWEST 28th AVENUE EXHIBIT "B" I -, I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I . . -----..---------...-...-..-----------------------------...----------- SITE PLAN 1/8" Se, ;..... , " .-'''-1. 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