APPLICATION
PROJECT NAME: Hendl.~ks Variance
LOCATION: 911 SW 28th Avenue
PCN: 08-43-45-32-01-016-0120
I FILE NO.: ZNCV 04-003 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: same
Thomas & Rona Hendricks ADDRESS:
ADDRESS: 911 SW 28th Avenue FAX:
Boynton Beach, FL 33435 PHONE:
FAX: _ Please Call First> 912-2441
561-989-8784
PHONE: 742-4221
Date of submittal/Proiected meetine dates:
SUBMITTAL / RESUBMITTAL 3/17/04
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 5/1 0/04
TRC MEETING: N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 5/25/04
MEETING:
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD
CITY COMMISSION MEETING: 6/1/04
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Hendricks Variance\2004 PROJECT TRACKING INFO. doc
City Codes Accessed Via Web site
www.boynton-beach.org
www.amlegal.com/bovnton beach fl
Has applicant attended a pre-application meeting?
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CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
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 16 , Subdivision ~C:I<:E~-r H t LL.s
Plat Book d ~ Page Sf] or otherwise described as follows:
Property Address <::11 \ S 'vi :~ <($' Th 1\ \/ c' .
PCN Number O~ - ~ 3- l..U; - 3> ).. - 0 : .- 0 f b - 0 I '). 0
Variance requested including code chapter and section, existing code standards (i.e.
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.
Incomplete 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.
B.
C.
D,
E.
F.
G.
H.
I.
J.
~--~ IS (~ , n (n r,' I~\I
rn\" I~ If:' ':' ~ ~'!
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\ n "; MAR' 1 2004 .,j
[! ~<
All property lines
North arrow
Existing structures and paving
Existing elevations
Rights-of-way, with elevations
Easements on or adjacent to the site
Utilities on or adjacent to the site
Legal Description
Number of acres to the nearest one-hundredth (1/100) of an acre
Location sketch of property
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Zoning Code Variance Application
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. Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse,
including a tax map showing placement of 400 feet boundary. Such list shall be accompanied
by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is
complete and accurate, as well as addressed envelopes and postage (1st class--stamps or
payment for required postage).
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aaent is submittina the petition. a notarized COpy of a letter desianatina him as
such must accompany the petition.
5. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or
~ .5066 AnAcHf'J\t:N\.
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.
6. An application fee in the amount of $400.00 plus postage, payable to the City of Boynton
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.
I -
Name and address of owner:T\'\CJwv\a~ \ t-h.;-IIJ l)I(Jt k S q \ \ SwJ,-S;;'{1-, i\'J e \'3tl"'-"~V"~' 6HA.(j\ rL
Name of applicant: -;\., , .11. - (' <i- i<..O\'\JG. L, t-h.=: N tU<.l "k S
\ f)()VY\V'~ ,2)' I I _ _
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Applicant's address: '1 \ \ SW .J-& D" 1\<....: e. e)(..t.,v"'Tot.v gct..c~'\ Il~ L . j
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Applicant's phone #: 'S 0 I) I Y ). -\..{ M ( , /Jj ( J /) r ~;/
Date: :5/17/6 Y Signature of Applicant: (~.. !~'\./{/~ v.' " fJP/~" ,ve' .
ql Z- - ,244 (
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7.
8.
9.
10.
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.
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY.
All applications received by the City of Boynton Beach shall be accompanied by the list with names and addresses of all property
owners within four hundred (400) feet of the subject property, and addressed envelopes. Applications will not be accepted without
these mailing labels.
CONTACT:PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
Phone: (561) 355-2881
FAX: (561) 355-3881
updated 10/16/01
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 North/West side ofthe
property. Any other positioning of the addition will also require a variance and
complicate the construction and add unnecessary cost. In addition, other
positioning of the improvements will tend to minimize the potential increase in
property value.
R 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. In 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 2ih 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. In addition, the city acknowledges that the setbacks are umeasonable 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 appro x 450 sq. ft of living 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 of 2500 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. In 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.
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Prepared by and return to:
Larry Schone
Attorney at Law
Nowlin & Schone
72 N.E. Fifth Avenue
Delray Beach, FL 33483
561-330-6106
File Number: 04-034
Will Call No.:
rspace Above This Line For Recording Data]
Warranty Deed
This Warranty Deed made this 15th day of March, 2004 between Anita J. Velazquez, a single woman whose post
office address is 18 Slash Pine Dr., Boynton Beach, FL 33436, grantor, and Thomas S. Hendricks and Rona L
Hendricks, husband and wife whose post office address is 911 SW 28th Avenue, Boynton Beach, FL 33435, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of
individuals. and the successors and assigns of corporations. trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NOIlOO DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Palm Beach County, Florida to-wit:
Lot 12, Block 16, FOREST HILLS, according to the Plat thereof, recorded in Plat Book 25, Page 57,
of the Public Records of Palm Beach County, Florida.
Parcel Identification Number: 08-43-45.32.01.016.0120
Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, if any.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is 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 all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2003.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence;
7f..-.;...:::~ t~
Witness Name: 1'-'41)h...ii'!2t..) l-t- ~
a~ ./ ..a.~,,__
~tness ame: ~I? r. ~pI~
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Anita J. Vel ez
DoubleTlmee
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this 15th day of March, 2004 by Anita J. Velazquez, who U is
personally known or [X] has produced a driver's license as identification.
~;('~"-
Notary Public, State of Florida
[Notary Seal]
Warranty Deed - Page 2
"'''~::'''' L~ Schone
/~~"'4'___ Commission #DD143006
~;:. '1l.:;~ Expires: Aug 20, 2006
""~~;';;i.iif..'~ ~nded.Thru
'",,,,,, AtlantiC BondmgCo., Ine.
Printed Name:
Larry Schone
My Commission Expires:
August 20, 2006
OoubleTlm..
Time and Date of Meeting fLuv~ h.;tu--<, It ~'"
Those )lttending meeting:
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~&~-?7" :
Applicant's Name:
PRE-APPLICATION CONTACT QUESTIONS
/~~L hI' hL7 Phone: S"t(- 7tf2- "122/
_i1/(/'~ -1 tf /!//)'L ^-
1.
HAVE YQU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT?
Yes &/ No
(IF YES, HAVE THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE-
APPLICATION MEETING?
~f
/
2. LOCATION OF PROPERTY (CROSS STREETS/INTERSECTIONS)
STAFF MEMBERS NAME:
(:v,;. u,4"n <VtU<.,<<' /1-~ 7/0
3. WHATWO~~;~~~~~6DO?
NEW PROJECT
BUILDING EXPANSION OR MODIFICATION
CHANGE IN PRIOR USE?
IS THE STRUCTURE CURRENTLY VACANT?
VARIANCE TYPE: // "-
POOL OR SCREEN ENCLOSURE /?>-u- t:~
COMMERCIAL PROPERTY? / /' /1, /
V' RESIDENTIAL PROPERTY? c:?/LrLc /ccn '/z;; /,/L& ~
ll{DUSTRlALPROPERTY?
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. If urgency is sensed, discuss with Mike.
· Meetine:s may be scheduled:
Monday afternoons
Tuesday all day
Wednesday all day
Thursday mornings
Note: Mike is not available on Mondays between 11 :30 a.rn. and 2:30 p.rn.
S: \Planning\Planning\Pre-applicationcontactquestions.doc
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PRE-APPLICATION CONFERENCE REVIEW FORM
Date () 3> /11 /... ooi" Time Started: ~; 'DO Time Finished:
Attending .: Ap~licant .j;M /I AJ/),lZict< S ~ 'D4 V /'0 fleA fJ K..
Phone
Fax
Proposed Project Information
Proposed Project Name and " .~
Type/Use SU)6 Li .. pt4tt-u '
Site Location (Address if Available) ,
Site PCN
Existing Zoning K/I) 11-
Existing Land Use/Density "LlJA:..
Anticipated Submittal Date
Proposed Zoning -
Proposed Land Use/Density
/
Vacant
Notes and Comments
Lot Area
Lot Frontage
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Lot Depth
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Height
i=!afking Requirements or Impr-o'.'CmcAts
Landscaping/Buffering
Non-conforming Use or Change in Use
Other Zoning Changes Required
Environmental Review Requirements
Notes/Comments/Recommendations
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NonCE: 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 fonnal review purposes. Additional staff comments may be forthcoming
based on actual plans submitted for review.
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
M'EETING DATE:
, TIME:
ATTENDING FOR APPLICANT:
N aTI CE: The purpose of this conf~rence shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes ass related to the proposed development and to
discuss site plan review procedures. Opinions express at the pre-application conference are not
. binding for formal review purposes. Additional staff comments may be forth coming based on actual
lans submitted for review.
City of Boynton Beach Attending for Applicant
Attendina Staff
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- - - - - -(W'ASPHALT)- - - - --
CERTIFIED TO:
ANITA J, VELAZQUEZ. A SINGLE WOMAN
ROBERT B. REED. JR.. ESQUIRE
AmORNEYS' TITLE INSURANCE FUND, INC.
AWANCE HOME MORTGAGE. INC.. ITS
SUCCESSORS AND/OR ASSIGNS
FLOOD ZONE -A7- EL-12
COMMUNITY PANEL NO.
120196-0003-C
9/30/82