AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
D December 6, 2005 November 14,2005 (Noon.) D February 7, 2006 January 17, 2006 (Noon)
D December 20, 2005 December 5, 2005 (Noon) D February 21, 2006 February 6,2006 (Noon)
IZI January 3, 2006 December 19, 2005 (Noon) D March 7, 2006 February 21, 2006 (Noon)
D January 17,2006 January 3,2006 (Noon) D March 21, 2006 March 6, 2006 (Noon)
D Administrative D Development Plans
NATURE OF IZI Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the January 3,2006 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board recommended that the subject request be approved on
December 13,2005. For further details pertaining to the request, see attached Department Memorandum No. PZ 05-195.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Happy Homes Heights (Ballard) (ZNCV 05-008)
Kevin Ballard
Prime Property of the Palm Beaches
133 NE 12th Avenue
Request for relief from the Land Development Regulations, Chapter 2, Zoning, Section
5.E.2.a, requiring a minimum lot area of 6,000 square feet, to allow a minimum lot area of
5,429 square feet, a variance of 571 square feet for a proposed single-family residence
within the R-2 single and two-family zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
2,c) ~
Planning and Z . Director City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Happy Home Heights\ZNCV 05-008\Agenda Item Request Happy Homes Hgts Lot 3 ZNCV 05-008 1-3-06.dot
S:\8ULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-195
STAFF REPORT
TO:
Chairman and Members
Community Redevelopment Agency and City Commission
Michael W. Rumpft\(,) L
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler
Planner
DATE:
December 2, 2005
PROJECT NAME/NO:
Happy Home Heights Lot 3/ ZNCV 05-008
REQUEST: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 5.E.2.a, requiring a minimum lot area of 6,000 square feet, to allow a minimum lot area of
5,429 square feet (a variance of 571 square feet) for a proposed single-family residence within the R-2 single
and two-family zoning district.
Property Owner:
PROJECT DESCRIPTION
Prime Property of the Palm Beaches
Applicant! Agent:
Kevin Ballard
Location:
133 NE 12th Avenue
Acreage:
0.125 Acre (5,429 square feet)
Proposed Use:
Single-family residence
Zoning District:
Single & Two-Family Residential (R-2)
Adjacent Uses:
North:
N.E. 12th Avenue right-of-way, and farther north a single-family residence, and a
vacant parcel, both zoned R-2 (Single and two-family residential district);
South:
Three (3) single-family residences on three parcels zoned R-2 (Single and two-family
residential district);
East:
Six (6) unit multi-family residential building on a parcel zoned R-2 (Single and two-
family residential district); and
West:
A new single-family residence on a parcel zoned R-2 (Single and two-family
residential district). [sulVeyand aerial indicate as vacant but a residence
was recently constructed].
Staff Report ZNCV 05-008
Memorandum No PZ-05-195
Page 2
BACKGROUND
The subject property is currently an undeveloped lot located on the south side of NE 12th Avenue, west of NE
1st Street, within the Happy Home Heights subdivision (see Location Map - Exhibit "A''). Happy Home
Heights was platted in 1925 with lots 41 feet by 90 feet (3,690 square feet), which are substandard by
current requirements. The applicant has assembled almost 3 lots (lots 3-5 except the east 5 feet of lot 3) and
divided the assembled property into two (2) larger and less nonconforming building lots: (58 feet by 90 feet,
and 60 feet by 90 feet). The applicant was able to get a building permit for a single-family residence on the
lot to the west (the lot 58 feet by 90 feet) because it complied with all the nonconforming lot requirements,
per Section 11.1.C.1. of the Land Development Regulations. However, the subject property (lot 60 feet by 90
feet) does not comply with all the requirements for a nonconforming lot, since it does not contain one (1)
whole platted lot (the east five feet of Lot 3 was not acquired). Therefore, a variance is required in order to
obtain a building permit for the proposed single-family residence on the subject property.
The applicant is requesting a variance to minimum lot area to construct a single-family dwelling, which is a
permitted use in the R-2 zoning district. The Land Development Regulations require the R-1 regulations to be
met for a proposed single-family dwelling in the R-2 zoning district. The subject property complies with all R-
1 requirements, with the exception of minimum lot area of 6,000 square feet (see Survey - Exhibit "C''). The
applicant will comply with all other minimum requirements of the R-1 regulations, as indicated below:
R-1 Minimum Reauirements
Aoplicant's Proposal
· Lot area: 6,000 square feet
. Lot frontage: 60 feet
· Front setback: 25 feet
· Rear setback: 20 feet
· Side setbacks: 7.5 feet
· Minimum living area: 1,200 sq. ft.
· Maximum lot coverage: 50 %
· Maximum structure height: 30 feet
· Lot area: 5,429 square feet
· Lot frontage: 60 feet
. Front setback: 25 feet
. Rear setback: 25 feet
. Side setbacks: 7.5 feet
· Minimum living area: 1,752 sq. ft.
· Maximum lot coverage: 32 %
· Maximum structure height: less than 30'
ANALYSIS
Staff reviewed the requested variance focusing on the applicant's response to criteria a.- g. below (see Exhibit
"D''). The code states that 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.
The subject property is considered a non-conforming lot because it does not meet all of the R-2
zoning district regulations, or the R-1 zoning district regulations required for construction of a single-
family residence. Section 1l.1.C.1, Non-Conforming Lot regulations, allow a detached single-family
dwelling on a non-conforming lot zoned R-1, R-1A, R-2, or R-3, provided that all of the following
requirements are met: (1) the parcel contains at least one whole platted lot; (2) the parcel has a
frontage of not less than 50 feet, and a lot area of not less than 5,000 square feet; and (3) the parcel
complies with all provisions of the Land Development Regulations and applicable building code
regulations. The subject parcel complies with all of the above requirements, except it does not
contain at least one (1) whole platted lot (the eastern 5 feet of Lot 3 belongs to the adjacent Lot 2).
Therefore, the applicant is unable to use this provision, and Is instead required to obtain a variance to
Staff Report ZNCV 05-008
Memorandum No PZ-05-195
Page 3
the minimum lot area of 6,000 square feet in the R-1 zoning district in order to build on the lot.
b. 177at the special conditions and circumstances do not result from the actions of the applicant
In 1975, the City adopted new zoning regulations, which caused many parcels to become legally non-
conforming, including those in the Happy Home Heights Subdivision Plat. The Land Development
Regulations set forth the minimum requirements for the development of a lot. The applicant
attempted to meet the zoning requirements by assembling portions of adjacent property, resulting in
a much larger lot than originally platted. The lots were originally platted as 41 feet by 90 feet (3,690
square feet each). The subject property is 60 feet by 90 feet (5,429 square feet). The subject
property is 19 feet wider, and 1,739 square feet larger than originally platted. The subject property is
also 10 feet wider and 429 square feet larger than the minimum lot requirements for nonconforming
residential lots. However, due to the shallow lot depth of 90 feet, and the applicant's inability to
purchase additional property without making adjacent properties more nonconforming, the lot is 571
square feet smaller than the minimum lot size requirement for the R-1 zoning district.
c. 177at 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.
The subject property is located within the area studied in The Heart of Boynton Plan. The Plan
acknowledged that the current zoning code standards, established in the mid-1970's, favor greater lot
requirements, which is not typical of older platted neighborhoods located east of Interstate 95. The
Heart of Boynton Plan does not state the minimum recommended lot size, but acknowledges the
"significant" number of smaller lots of less than 10,000 square feet. The majority of the subdivision is
developed with single family homes, Including a large portion on original substandard lots.
d 177at 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
The Happy Home Heights plat contains many substandard lots by current regulations. The subdivision
is developed including a large portion of the original substandard lots. The majority of the vacant
substandard lots, which have a minimum frontage of 50 feet and minimum area of 5,000 square feet
have since been built upon or are in the process of being developed. City records indicate several
similar variances to allow a reduced lot size have been granted in Happy Home Heights subdivision:
Lot ll/Block 2 on 3/19/65; Lot ll/Block 8 on 4/5/71; Lot 10, Block 1 on 2/8/82; W 1/2 of Lot 3 and
Lot 4/Block 8 on 12/10/84; Lot 2/Block 9 on 9/14/87; and Lots 15 and 16/Block 1 on 4/17/01.
The subject property has 60 feet of lot frontage and more than 5,000 square feet, but no longer
contains one whole platted lot (contains all but the east 5 feet of Lot 3), and therefore may not be
developed under the provisions for nonconforming lots. Literal interpretation of this criteria would
deprive the applicant the right to develop the property.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
The proposed single-family dwelling will comply with all R-1 requirements such as lot frontage,
setbacks, minimum living area, maximum lot coverage, and building height, with the exception of a
minimum lot area of 6,000 square feet. The subject property is a larger lot than originally platted,
and larger than the minimum lot size of 5,000 required for other nonconforming lots. Without the
requested variance, the applicant will not have reasonable use of the land.
Staff Report ZNCV 05-008
Memorandum No PZ-05-195
Page 4
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 othelWise
detrimental to the public welfare.
The Happy Home Heights plat includes many substandard lots by current regulations. The
establishment of the non-conforming lots provisions clearly dictates a substandard development
regulation, below standards being constructed in newer subdivisions. Approval of the subject
variance would not represent a further reduction in the minimum development standards within this
neighborhood, and will provide a minimal contribution to the economic value of the area and tax base
for the city.
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 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.
The applicant provided a statement confirming that adjacent properties are not available to make the
subject parcel conforming in order to eliminate this variance request. Both lots 2 and 4 are already
developed as nonconforming lots. Lot 2 (parcel 0020) to the east of the subject property is 46 feet by
90 feet (4,140 square feet). Lot 4 (parcel 0041) to the west of the subject property is 57.69 feet by
90 feet (5,192 square feet). If the property owners of Lot 2 or Lot 5 sold any of their property to the
applicant, their nonconforming lots would become even more nonconforming to minimum lot size, lot
frontage, and setbacks.
RECOMMENDATION
Staff recommends approval of the requested variance based on the finding of "hardship". Staff concurs with
the applicant that special conditions and circumstances exist that are not the result of actions by the
applicant. This request will not be injurious or detrimental to the area, and the variance requested is the
minimum necessary to make pOSSible the reasonable use of the land. Staff also concludes that approval of
the requested variance will not contradict the vision the community has for this area.
No conditions of approval are recommended; however, any conditions of approval added by the Community
Redevelopment Agency Board or the City Commission will be placed in Exhibit "E" - Conditions of Approval.
MR/kz
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EXHIBIT "0
Answers For Variance Questions
A. Applicant attempted to meet zoning requirements by assemblage, however the
existing shallow depth prevent from meeting the minimum lot area required.In
essence special conditions exist and are peculiar to the land.
B. The applicant in an effort to develop in the effort property result would
constitute an overall upgrade to the immediate neighborhood.
C. Because other lands which are substandard have been developed under
6,OOOSF.
D. Denying this variance would deprive the applicant of development right of
this property.
E. The minimwn variance request would allow the building of it a single-family
resident which represents the reasonable use of the land.
F. Approval of the variance would meet the intent and purpose of the zoning code,
it would be consistent with existing characteristics of the neighborhood in-
cluding house sizes.
G. Applicant could not acquire property on either side of the subject parcel as
they are already d~veloped.
EXHIBIT "E"
Conditions of Approval
Project name: Happy Home Heights, Lot 3
File number: ZNCV 05-008
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
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\302 W Boynton Beach\ZNCV 05-007\COND OF APPROV AL.doc
FACSIMILE
CITY OF BOYNTON
BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
TO: Kevin Ballard
FAX: 736-1878
FROM: Patricia Tucker
DATE:
12/28/05
NUMBER OF PAGES: (including
cover)
\\
RE: Happy Home Heights ZNCV 05-008
You are on the City Commission agenda on Tuesday, January 3, 2006 which will meet in the City
Commission Chambers.
Staff Reports (including the Conditions of Approval) are available in PDF format online at
www.bovnton-beach.orq under News/Publications, subheading Development Boards. Refer to the
P&D meeting prior to this Commission meeting.
Attachment: Meeting Agenda ~r71 l~ .
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If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you.
~OTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to 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:
Prime Property of the Palm Beaches
Request:
Request for relief from the City .of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of
6,000 square feet, to allow a minimum lot area of 5,429 square feet, a variance of
571 square feet, for a proposed single-family residence within the R-2 singh:: and
two-family zoning district.
Location:
133 NE 12th Avenue
Legal:
Lot 3 Block 7 less the east 5 feet and the east 24.3 feet of Lot 4 Block 7, Happy
Home Heights, recorded in Plat Book 11, Page 30 in the official records of Palm
Beach County, Florida
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE
THE COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY,
DECEMBER 13, 2005 AND BEFORE THE CITY COMMISSION ON TUESDAY,
JANUARY 3, 2006, BOTH AT 6:30 P.M. OR AS SOON THEREAFTER AS THE
AGENDA PERMITS, AT THE CITY HALL COMMISSION CHAMBERS, 100 EAST
BOYNTON BEACH BOULEVARD, BOYNTON BEACH.
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 Community Redevelopment Agency 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
(561) 742-6260
PUBLISH: THE POST
December 3,2005
S;IPlanningISHAREDlWPIPROJECTSIHappy Home Heights\ZNCV 05-0081Legal notice. doc
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\..~d~v1f-~r OF DEVELOPMENT
FACSIMILE
CITY OF BOYNTON
BEACH
City Hall, West Wing
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
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TO: Kevin Ballard
FAX:
736-1878
FROM: Patricia Tucker
DATE:
12/9/05
NUMBER OF PAGES: (including
cover)
Co
Happy Home Heights (Ballard)
RE: (ZNCV 05-008)
You are on the Community Redevelopment Agency Board meeting agenda on Tuesday,
December 13, 2005, which will meet in the City Commission Chambers at 6:30 PM.
To access the CRA Aqenda Packets, link to www.boyntonbeachcra.orq then click on Records.
Attachment: Meeting Agenda
S:\Planning\Plallning Templates\P&Z Fax\CRA Board Meeting Fax Cover Revised 7-29-05.doc
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! I ......... l C( rn ,,! / /.J t Ii'.' j I (r.. if ((' t,/ .,/j ,,/:' ,0 l /" .."
If you receive this fax in error, or experience trouble with transmission, please notify ourr6ffice
immediately, at (561) 742-6260. Thank you.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to 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: Prime Property of the Palm Beaches
Location:
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.E.2.a, requiring a minimum lot area of
6,000 square feet, to allow a minimum lot area of 5,429 square feet, a variance
of 571 square feet, for a proposed single-family residence within the R-2 single
and two-family zoning district.
133 NE 1th Avenue
Request:
Legal:
Lot 3 Block 7 less the east 5 feet and the east 24.3 feet of Lot 4 Block 7, Happy
Home Heights, recorded in Plat Book 11, Page 30 in the official records of Palm
Beach County, Florida
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE THE
COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY, DECEMBER 13, 2005
AND BEFORE THE CITY COMMISSION ON TUESDAY, JANUARY 3, 2006, BOTH AT
6:30 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS, AT THE CITY HALL
COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD, BOYNTON
BEACH.
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 Community Redevelopment Agency 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
(561) 742-6260
PUBLISH: THE POST - December 3, 2005
COpy TO: CITY COMMISSION, CITY ATTORNEY, MIKE RUMPF, AGENDA FILE, APPLICANT'S FILE, ORIGINAL TO LEGAL
ADS FILE
S:\CC\WP\legal ads\P&Z ADS TO THE POSl\2005\ZNCV 05-008 - HAPPY HOME HEIGHTS - MINIMUM LOT AREA. doc