REVIEW COMMENTS
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. Rump(1~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 1ih 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). [survey and 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 1th 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
Applicant'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
"0"). 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 11.1.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 Q1l 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. That 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. 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.
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. 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.
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 l1/Block 2 on 3/19/65; Lot l1/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 otherwise
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
S:\Planning\SHARED\WP\PROJECTS\Happy Home Heights\ZNCV OS-008\Staff Report.doc
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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 minimum 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 developed.
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
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
COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJbCT
Comments:
1. To be determined.
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