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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 0 April 4, 2006 March 20, 2006 (Noon.) 0 June 6, 2006 May 15, 2006 (Noon) ~ April 18,2006 April 3, 2006 (Noon) 0 June 20, 2006 June 5, 2006 (Noon) 0 May 2, 2006 April 17,2006 (Noon) 0 July 5, 2006 June 19,2006 (Noon) 0 May 16,2006 May I, 2006 (Noon) 0 July 18, 2006 July 3,2006 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM ~ Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the April 18, 2006 City Commission Agenda under Public Hearing. The Planning and Development Board recommended that the subject request be approved on March 28, 2006. For further details pertaining to the request, see attached Department Memorandum No. 06-055. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: 1370 SW 26th Avenue (Kervern) (ZNCV 06>- 005) Scott and Stephanie Kervern Scott and Stephanie Kervern 1370 SW 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 of7 feet within the R-l-AA zoning district. PROGRAM IMP ACT: FISCAL IMP ACT: ALTERNATIVES: N/A N/A N/A Develop nt epa ent Dire or City Manager's Signature p~~ ~ ~t"' City Attorney I Finance I Homan Resources S:\Planning\SHARED\WP\PROJECTS\1370 SW 26th Avenue (Kervern)\Agenda Item Request 1370 SW 26th Ave Kervern ZNCV 06-005 4-18-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-055 STAFF REPORT TO: Chair and Members Planning & Development Board and City Commission THRU: FROM: Michael W. Rumpf Planning and Zoning Director Ed Breese ~ Principal Planner DATE: March 15, 2006 Kervern Variance - 1370 SW 26th Avenue / ZNCV 06-005 PROJECT NAME/NO: REQUEST: 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-AA Single-family Residential zoning district. PROJECT DESCRIPTION Property Owner: Scott & Stephanie Kervern Applicant! Agent: Scott & Stephanie Kervern Location: 1370 SW 26th Avenue Acreage: Approximately 8,300 square feet Proposed Use: Single-family residence Zoning District: Single-Family Residential (R-1-AA) Adjacent Uses: North: Right-of-way for SW 26th Avenue, and farther north a single-family residence, zoned R-1-AA; South: Right-of-way for Big Bass Waterway, and farther south a Single-family residence, zoned R-1-AA; East: A single-family residence, zoned R-1-AA; and Right-of-way for SW 14th Street, and farther west the Golfview Harbour Clubhouse. West: Staff Report Memorandum No PZ-06-055 Page 2 BACKGROUND The subject property and neighborhood are currently zoned R-1-AA, single-family residential. The property is located between SW 26th Avenue to the north and the canal known as Big Bass Waterway to the south (see Exhibit "A" - location map). The house built on the property in 1972 was constructed with a rear setback of twenty (20) feet, therefore limiting the possibilities for the construction of accessory structures, The twenty (20) foot rear setback was achieved through a variance granted in 1971, along with several other lots along the canal, to the developer of a number of homes in the neighborhood. The applicants have requested relief from the above-referenced code requirements to allow for the construction of a pool addition in the rear yard (see Exhibit "B" - survey). The applicants are requesting a variance to the rear setback to allow for the construction of a standard size pool (14 X 33 foot). The homeowners currently have two (2) sets of french doors that swing out onto a concrete patio. This patio extends from the rear of the house to the rear property line. The pool is intended to be placed in this area. However, in order to accommodate an adequate distance from the rear ofthe house to allow both circulation around the pool and a safe area for egress from the house through the french doors, the pool is proposed five (5) foot away from the rear of the house. This then requires the pool to be placed 1 (one) foot from the rear property line. At the rear of the applicants' property is an 80 foot canal right-of-way known as Big Bass Waterway. A part of this canal right-of-way is a 13.5 -15.5 foot, level grassed area terminated at the waters edge by the homeowners' seawall. The homeowners have a fence placed at the edge of the seawall, giving the casual observer the impression of a large backyard, approximately 35 feet in depth (see Exhibit "0" - photos). ANALYSIS Staff reviewed the requested variance focusing on the applicant's response to criteria a - g below (see Exhibit "e"). 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 one of many along the same canal that were granted variances from the 25 foot rear setback (reducing it to 20 feet) as requested by a residential developer in 1971. Typically, the reduction in the rear setback would not have been seen as detrimental to the neighborhood due to the 80 foot wide canal right-of-way along the rear of the properties. As a result of the variance granted to the developer, subsequent purchasers have been limited in their ability to construct accessory improvements. Since a number of lots within the subdivision do not abut the canal, which provides an additional buffer to neighbors, it could be argued that special circumstances do exist, which are not applicable to all other properties in the area. b. That the special conditions and circumstances do not result from the actions of the applicant Although an argument could possibly be made that the special conditions and circumstances are not the result of the applicant, but the actions of the homebuilder who developed the neighborhood after receiving rear setback variances, ultimately the applicants purchased a property that provided them limited opportunities for potential expansion. However, as noted above, given the existence of the 80 foot canal right-of-way, including a 13.5 -15.5 foot grassed area, the remaining separation between Staff Report Memorandum No PZ-06-055 Page 3 rear properties will far exceed the typical separation provided by zoning setbacks. The purpose of creating rear setback requirements in the Zoning Code is to ensure compatibilty and a sense of privacy between neighbors through the provision of adequate seperation of structures. The seperation sought through these regulations has been provided and even surpassed by the intervening waterway. c. That granting of 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 applicants have stated that the granting of this variance request will not confer any special privilege. City records indicate that out of 489 parcels on the Plat of Golfview Harbour, Section 2, 113 lots (nearly 25%) have been the subject of variance approval since 1970 for rear setbacks, and 105 of those 113 lots (93%) are located on the water. Based on the previous reasoning, staff concurs with the applicants that the approval of this variance request will not confer any special privilege that has not been granted to others. 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 have been for pool installation. cI. 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 A literal interpretation of the ordinance would prohibit the applicants the ability to construct a pool in their rear yard, based upon the eight (8) foot setback requirement from the rear property line and the five (5) foot safe zone from the house, the pool could only be seven feet wide. There are a number of pools in the neighborhood, especially along the waterways. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Standard size pools range between 12 and 16 feet in width. The applicants propose to install a 14 foot wide pool, which appears to be in keeping with the average pool. Although the request for a seven foot variance, allowing the pool to be one (1) foot from the rear property line, would generally seem excessive, the fact that at the rear of the the applicants' property is an 80 foot canal right-of-way, and included in part of this canal right-of-way is a 13.5 -15.5 foot grassed area, the impact to any neighbor is minimal. 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. Staff believes that granting this variance will have minimal impacts upon the neighborhood considering that the rear of the subject property abuts the waterway. Staff inspected the area and it was noted that it appeared as though there was ample green area between the canal waters' edge and the homes, with various improvements in place. Some houses have screen rooms, some pools, other with both, patios, seawalls and docks, fences and landscape. As noted earlier, the purpose of creating rear setback requirements In the Zoning Code Is to ensure compatibilty, air ciculation, light and a sense of privacy between neighbors through the provision of adequate seperation of structures. The seperation sought through these regulations has been provided and even surpassed by the intervening waterway, thereby minimizing any negative Impacts upon the neighborhood. Staff Report Memorandum No PZ-06-055 Page 4 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. Since the request is for relief from the rear setback regulations, this particular criteria is not applicable. RECOMMENDATION Nearly all variances would likely be denied if based solely on all criteria (hardship) as stated in the Land Development Regulations, Chapter 1.5, Section 4.1. However, staff should indicate that past variances have been reviewed against, and approved based on compliance with a portion of the above-referenced criteria, and/or based on the emphasis on potential impacts, precedence, and the furthering of city objective to meet the need for home expansions and improvements. Therefore staff recommends that this request be approved, based on the following justifications: 1. The minimum intent and purpose of setbacks within zoning regulations will be met, despite the granting of the variance, based on the significant separation between properties as preserved by the permanent drainage canal; 2. That granting the variance is consistent with approvals granted to others within the same neighborhood under the same circumstances existing on the subject property; and 3. 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. No conditions of approval are recommended; however, any conditions of approval added by the Planning & Development Board or the City Commission will be placed in Exhibit "E" - Conditions of Approval. S:\Plannlng\SHARED\WP\PROJECTS\Kervem Variance -1370 SW 26'" Ave\ZNOI 06-o0S\Staff Reportdoc . 1370 SW 26th Avenue (Kervern Variance) 1 in. = 124.0 feet ~.." ~.((..'...".\. .~ . !' , " -, .-,,' .-.... "- . , EXHIBIT A LITTON LAND SURVEYORS 500 GU, REAM BOULEVARD, SUITE # 209 - DELRAY BEACH, FLOR,~. .33483 561.276.7575 (OFFICE) - 561.276-6621 (FAX) L1lTONLS@BELLSOUTH,NET PROUDLY SERVING PALM BEACH, BROWARD, DADE, MARTIN AND ST. LUCIE COUNTIES WITH OVER 30 YEARS EXPERIENCE S. W. 2 6 t h. A V E. _ ------ 20' PAVE!.IENT 50' TOTAL R/W e:r- -(t---.-; - I I I I I I ~I R=f095.00 fL.66.66 Too=33,35 h=379'2f' 15' PARKWAY CONe. DRIVEWA Y 7.70' OJ, ./! .c ~ - . ~I~ T-I ~ >- ~ '" . a. ~ ~l.~ a. '.!! OJ/ "" "" ;..., "". g lOT-48 a BLOCK-19 Ale Cl 0.73' weoo g~ DECK u:i~ 16.00'.. CAN A L SCALE: 1" = 20' SHEET 2 OF 2 SHEETS _~~SI.oN-,--__._.__ LEGEND: @ PHONE BOX "U., POI/(R POLE ~ CATCH BASIN ~ r1RE HYDRANT ~ ALUMINUM rCNCE -._._ CHAIN LINK rENCE tv. CADLE BOX :0 L1GIH POLE WI) VATCR HETER 'S SAN. MANHOLE ----- OVERHEAD VIRE -.-.- VOOD rENCE JOe No. 03-\2HB-002 DATE: 05/03/05 ORA\\1>l BY: J.VASOUEZ CHECKED BY: R,l. La.IPC. nlE No. 03-12.'8-002 filE N~ Il~ .1 EXHIBIT B ~~tWJt'~~U u,.~g ;1w"t;1CC.LC.L'+ ~UUNIY Ll~ AUIU REP PAGE 61 SCOTT & STEPHANIE KERVERN 1370 SW 26TH AVE BOYNTON BEACH, FL 33426 EXHIBIT C February 12, 2006 City of Boynton Beach Planning and Development Board Dear Sir or Madam: In response to the six questions A-F In section 4. A. The speelal condition and circumstance that exist 18 the amount of property avallabte behind our house to build a swimming pool. The total distance from the back of my house to the seawall Is 35ft. The survey of my property shows that there IS 20.25 It. available to buUd a pool. (Distance from house to actual property line). Chapter 2 Section 11.E building code Inquires that the pool. 8 ft. from the rear property line. I am requesting a 6.25 variance that would allow for 8 14 It. pool with a 4 It. deck bttMen pool and house on the North side and a 2 It. deck between the seawall and pool on the South side. A screen enclosure will not be wed for the pool now or In the future. The pool wll have a child safety gate surrounding It. The va",nce will not have an effect on any property or neighbor behind me a. my proP9tly I. loealed on . canal. B. I am not the original owner or builder of the house and therefore did not have the opportunity to leave the required distance as Indicated by the code above. c. This variance will not affect any other property owner, a. there are no other properties located directly behind my parcel of land. D. There are numerous houses In the neighborhood that appear to have pools In the I'Mr area of the property that do not meet the strict distance of the building code above. The.. families enjoy the pleasure of having a pool directly located In their backyards, and I would like the opportunity for my family to enjoy the U$e of a pool in our backyard. In addition, 8 pool will ine,.... the overall value of our house and property. E. The 6.25 It. variance requested is the minimum variance that will make It possible for me to build a pool. This variance would allow me to build a pool that is 14 ft. Wide (smaller than the average width pool size). F. This request for a variance Is solely for the purpose of building a pool in the rear portion of my property. In no way would this variance be Injurious to the area Involved or to the publle welfare of the Gulf view Harbor neighborhood. G. Thank you for reviewing this package and my request for B property variance. Sincerely, Scott &. Stephanie Kervem EXHIBIT 0 /I/O /IIe-v-!+/?o/lS o/t ~tlLic- +v ~es ~ 0 ~ [.:>~"Ae,4-+>- ".. yl / . ,... ."..,. . . ;J flo fb J<,J ~f) L- -f LJ ec-IC AflMa. EXHIBIT "E" Conditions of Approval Project name: 1370 SW 26th Avenue File number: ZNCV 06-005 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: None X Conditions of Approval 2 I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be detennined. S:\Planning\SHARED\WP\PROJECTS\1370 SW 26th Avenue (Kervem)\COA.doc