LEGAL APPROVAL
The City of Boyncon 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
April 24, 2006
www.boynton-beach.org
Mr. William Hatcher
400 W. Atlantic Avenue
Delray Beach, FL 33444
Re:
For:
File No.:
Location:
Dear Mr. Hatcher:
Zoning Code Variance Request
Minimum Lot Frontage Variance
ZNCV 06-004
912 NW 13th Avenue
Enclosed is the City of Boynton Beach Development Order for application item ZNCV 06-004 which
represents approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 11.1.C.3, requiring a minimum lot frontage of sixty feet (60'), to allow a frontage of fifty
feet (50'), a variance of ten feet (10') 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,
.J'c..Michael W. Rumpf
{/ Director of Planning & Zoning
Enc. DO wjCOA
S:\Planning\SHARED\WP\PROJECTS\912 NW 13th Avenue (Hatcher)\Approvalletter after CC.doc
"
DEVELOPMEf ORDER OF THE CITY COMMISS ~ OF THE
CIl y OF BOYNTON BEACH, FLORIDA
APPLICANT'S AGENT:
William Hatcher
Development
P&Z
Building
Engineering
Occ. LICCel~SyeC'erk
Deputy
--=:::::;;;;-
PROJECT NAME:
912 NW 13th Avenue (Hatcher Variance)
APPLICANT'S ADDRESS: 400 West Atlantic Avenue, Delray Beach, FL 33444
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 11.1.C.3., requiring a minimum lot frontage of 60 feet, to
allow a frontage of 50 feet, a variance of 10 feet within the R-1-AA Single-family Residential zoning
district.
LOCATION OF PROPERTY: 912 NW 13th Avenue Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" A TI ACHED HERETO.
X THIS MA TIER 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:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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
/ 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
DATED:
t/ -()./-ob
S:\Planning\SHARED\WP\PROJECTS\912 NW 13th Avenue (Hatcher)\DO.doc
.~
EXHIBIT "e"
..
Conditions of Approval
Project name: 912 NW 13th Avenue
File number: ZNCV 06-004
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
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~.l'n1.. 0
S:\Planning\SHARED\WP\PROJECTS\912 NW 13th Avenue (Hatcher)\COA.doc
S:\Planning\Planning Templales\Condilion of Approval 2 page -P&D ORA 2003 form.doc
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EXHIBIT B
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
Chair Wische recognized the presence of Mayor Taylor, his wife, and Commissioner Ensler.
A. Planning and Zoning Report
1. Final disposition of the February 23, 2006 Planning and Development Board
meeting agenda items
Ed Breese, Principal Planner, informed the Board of the actions taken by the City Commission
on items previously heard by the Board: 1) The Ruffini abandonment at 504 S.W. 7th Street was
approved on first reading; 2) the Healing Heart Veterinary Clinic major site plan modification
was approved.
VI. Old Business - None
VII. New Business
C. Zoning Code Variance (Heard out of order by consensus)
1.
Project:
912 N.W. 13th Avenue (Hatcher) (ZNCV 06-
004)
William Hatcher
York Builder, Inc.
912 N.W. 13th Avenue
Request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning,
Section 5.C.2, requiring a foot minimum lot
frontage of 60 feet to allow a frontage of 50 feet, a
variance of 10 feet within the R-1-M Single-Family
Residential zoning district.
Agent:
Owner:
Location:
Description:
Chair Wische explained the variance request and stated Staff had recommended approval.
Stan Rothman, 6965 Ashton Street, Boynton Beach, advised he had contacted Marcus
Acevedo, the person who owns the house to the right, which also includes a 40-foot vacant lot.
He offered to buy either the entire lot or ten feet of the lot so as not to require a variance. Mr.
Acevedo declined to sell the property.
Ed Breese, Principal Planner, reported the subject property was currently an undeveloped lot on
N.W. 13th Avenue between N.W. 8th Court and N.W. 8th Street in Laurel Hills. The subdivision is
zoned R-1-M and was platted in 1951, with the majority of the lots having a 50-foot frontage.
This parcel abuts the canal to the north. It is a 50-foot lot in excess of 200 feet in depth. The
applicant is requesting a variance to the minimum lot frontage requirement of R-1-M lots
platted prior to 1975, which requires 60 feet, in order to construct a single-family dwelling.
Staff recommended approval of the requested variance based on findings of hardship. Staff
concurred 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
2
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
March 28, 2006
the land. The construction of a modern single-family home on the subject lot, representing
reasonable use of the land, can be accommodated and still meet all of the minimum
development regulations for the R1-M zoning district and be compatible with the
neighborhood.
Chair Wische opened the floor for public comment.
Arnold Thompson, 1307 N.W. 8th Court, Boynton Beach, lives around the corner from the
subject property. He did not think granting the variance would create a problem in the vicinity,
but was concerned about another lot to the east of him on which the owner could possible
request a variance. He made the Board aware if another 50-foot lot came in for a variance,
there would be considerable opposition from the neighborhood.
Dr. Jerome Vincenti, occupant of the lot next to the subject property, believed the applicant's
50-foot property would not be adequate once construction began. There was a sharp drop off
of two to three feet from Dr. Vincenti's property to the lower elevation of the subject property.
He did not know how this could be accommodated and thought the construction would have
serious negative effects on the value of his property.
Chair Wische closed the floor for public comments when no one else came forward.
Mr. Casaine inquired if Dr. Vincenti had sought professional advice about what would be
required if the construction would put his property at risk. Dr. Vincenti responded he had short
notice of the project and was very busy. He added when building took place on adjoining lots
with different elevations, something had to be done to accommodate the difference.
Mr. Casaine asked Staff if they had taken Dr. Vincenti's observation into account during their
analysis of the request. Mr. Breese confirmed this property would probably have to have
additional fill for the final floor. Even if that was not the case, the drainage and erosion effect
on adjacent properties is taken into account during the review and if necessary, a retaining wall
would be built between the two properties.
Vice Chair Hay had to leave the meeting at about 6:40 p.m. and was replaced on the dais by
Ms. Grcevic, Alternate Board member.
Motion
Mr. Casaine moved to approve the request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 5.C.2, requiring a minimum lot frontage
of 60 feet, to allow a frontage of 50 feet, a variance of 10 feet within the R-1-M single family
residential zoning district with the conditions that the Board presented. Mr. Baldwin seconded
the motion.
Attorney Tolces commented there were no conditions, unless the Board wished to add them.
Mr. Casaine understood from Staff that, if necessary, a retaining wall would be built between
the two properties and that this was a condition. Attorney Tolces indicated this would take
place as a matter of course during the permitting process. .
3
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-M 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