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
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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
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EXHIBIT "E"
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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. ~
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1370 SW 26th Avenue (Kervern Variance)
EXHIBIT A
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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