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LEGAL APPROVAL The City of BoynYon 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 . ....~....\.\..\..(....'......... \..-' -~~ / - .-- - ------"'\\ '~ J . !=i ',,\ Ie -;.__, fO' "1',,- -".< ". '",/'o;J 'C. April 24, 2006 www.boynton-beach.org Scott & Stephanie Kervern 1370 SW 26th Avenue Boynton Beach, FL 33426 Re: For: File No.: Location: Zoning Code Variance Request Rear Setback Reduction ZNCV 06-005 1370 SW 26th Avenue Dear Mr. and Mrs. Kervern: Enclosed is the City of Boynton Beach Development Order for application item ZNCV 06-005 which represents approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, E., requiring a minimum rear setback of eight feet (8') from the property line for the construction of a pool, to allow a rear setback of one foot (1'), a variance of seven feet (7') within the R-1-M single-family residential zoning district. The City Commission approved this variance on April 18, 2006. 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, pa.. Michael W. Rumpf {/ Director of Planning & Zoning Ene. DO wjCOA S:\Planning\SHARED\WP\PROJECTS\1370 SW 26th Avenue (Kervern)\Approvalletter after CC.doc DEVELOPMEt-'-.r" ORDER OF THE CITY COMMIS~'~N OF THE CI. . OF BOYNTON BEACH, FLORIDl-l PROJECT NAME: 1370 SW 26th Avenue (Kervern Variance) lilevelopment P&Z Bu\ldlng Engineering Occ. License Deputy City Clerk APPLICANT'S AGENT: Scott & Stephanie Kervern APPLICANT'S ADDRESS: 1370 SW 26th Avenue, Boynton Beach, FL 33426 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 18, 2006 TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, E., requiring a minimum rear setback of 8 feet from the property line for the construction of a pool, to allow a rear setback of 1 foot, a variance of 7 feet within the R-1-M Single-family Residential zoning district. LOCATION OF PROPERTY: 1370 SW 26th Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X 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: DATED: 1. Application for the relief sought was made by the Applicant in a the requirements of the City's Land Development Regulations. m ~m' 2. The Applicant dHAS HAS NOT DEPARTMENT OF DEVElOPMENl established by substantial competent evidence a basis for the relief reques e . 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 v/' 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 terms and conditions of this order. 7. Other 1'-&/-Ob S:\Planning\SHAREo\WP\PROJECTS\1370 SW 26th Avenue (Kervem)\DO.doc ,.. " EXHIBIT "E" .' Conditions of Approval Project name: 1370 SW 26th Avenue File number: ZNCV 06-005 Reference: I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X ~ i if. '''.f POLICE . . Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X " Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WPIPROJECTS\1370 SW 26th Avenue (Kervem)\COA.doc ... 1 in. = 124.0 feet .~.. 'r..~ ~:~~' \ ,( \ i r I ji.I ' . \, / \. t-<~/ ~, 1...'1'" '- 1370 SW 26th Avenue (Kervern Variance) EXHIBIT A ~ -Cf.---,.;- I I I I I I ~I ~I'; ...c 2 - . 15l """ - "'-I~ . ... 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'Wi ., EXHIBIT B Meeting Minutes Planning and Development Board Boynton Beach, Florida March 28, 2006 Mr. Casaine changed his motion to approval without conditions and Mr. Baldwin, who seconded the motion, agreed. The motion passed 7-0. D. Zoning Code Variance (Heard out of order by consensus) 1. Project: 1370 S.W. 26th Avenue (Kervern) (ZNCV 06- 005) Scott and Stephanie Kervern Scott and Stephanie Kervern 1370 S.W. 26th Avenue Request relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, E., requiring minimum rear setback of 8 feet from the property line for the construction of a pool, to allow a rear setback of one (1) foot, a variance of 7 feet within the R-1-AA zoning district. Agent: Owner: Location: Description: Chair Wische explained the variance request and stated that Staff had recommended approval. Scott and Stephanie Kervern, 1370 S.W. 26th Avenue, Boynton Beach, offered to answer questions. Ed Breese, Principal Planner, outlined the adjacent uses to the Kevern's property. The applicants were requesting a variance to the rear setback to allow for the construction of a standard size pool approximately 14' by 33'. The homeowners' French doors lead out to the rear of their residence to a patio, necessitating a distance separation from the pool to create a safe zone. This led to a proposal to have the pool five feet away from the rear of the house, causing the pool to be placed one foot from the rear property line. To the rear of the applicant's property is an 80-foot canal right-of-way, a part that is a 13-15' grassy area, terminating at the edge of the water by the homeowners' seawall. Mr. Breese reviewed the variance against the criteria and agreed with the applicants that granting the variance would not confer on the applicant any special privilege that had been denied to others in the same zoning district. City records show that out of 489 parcels on the Plat of Golfview Harbour, Section 2, 113 lots had been the subject of variance approval since 1970 for rear setbacks, and 105 of those 113 lots were located on the water. Denial of the request could potentially deprive the applicants of rights enjoyed by others in the same area and same zoning district who have received variances to the rear setback, some of which had been for pool installation. Chair Wische opened the floor for public comment, closing it when no one came forward. Motion Mr. Baldwin moved to approve the request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 11, Supplemental Regulations, E., requiring minimum rear setback of 8 feet from the property line for the construction of a pool, 4 Meeting Minutes Planning and Development Board Boynton Beach, Florida March 28, 2006 to allow a rear setback of one (1) foot, a variance of 7 feet within the R-1-AA zoning district. Mr. Cwynar seconded the motion that passed 7-0. Attorney Tolces commented there were three Lawrence Road items and he asked if the Board wished to hear all the presentations concurrently. Mr. Weiner, the applicant's representative, agreed. Chair Wische wished to take the applications in agenda order. A. Annexation Description: Lawrence Road Property (ANEX 06-003) Brian Terry, Land Design South Vermac Properties 6 LLC NE corner of Lawrence Road and 71 st Avenue South, approximately 350 feet south of Hypoluxo Road. Request to annex the subject property 1. Project: Agent: Owner: Location: Land Use Amendment/Rezoning Description: Lawrence Road Property (LUAR 06-004) Brian Terry, Land Design South Vermac Properties 6 LLC NE corner of Lawrence Road and 71 st Avenue South, approximately 350 south of Hypoluxo Road Request to amend the Comprehensive Plan Future Land Use Map from MR-5 (Palm Beach County) to Medium Density Residential (MEDR); and 2. Project: Agent: Owner: Location: Proposed Use: Request to rezone from Agricultural Residential (AR, Palm Beach County) to Planned Unit Development (PUD) 90 multi-family residential units New Site Plan Description: Lawrence Road Property (NWSP 06-006) Brian Terry, Land Design South Vermac Properties 6 LLC NE corner of Lawrence Road and 71st Avenue South, approximately 350 south of Hypoluxo Road Request new site plan approval to construct 90 fee- simple townhouse units on a 9.35-acre parcel in the Planned Unit Development (PUD) zoning district. 3. Project: Agent: Owner: Location: Michael Weiner of Weiner & Aronson, P.A., Boynton Beach, explained the applicant had arranged the presentation to mirror the Staff reports, which addressed zoning and annexation together and the site plan separately. 5