REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-051
STAFF REPORT
TO:
Chair and Members
Planning & Development Board and City Commission
FROM:
Michael W. Rumpf
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
PROJECT NAME/NO:
March 14, 2006
Hatcher Variance - 912 NW 13th Avenue / ZNCV 06-004
DATE:
REQUEST:
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.
PROJECT DESCRIPTION
Property Owner:
York Builder, Inc.
Applicant/Agent:
William Hatcher
Location:
North side of NW 13th Avenue, Between NW 8th Court and NW 8th Street
Acreage:
Approximately 10,700 square feet
Proposed Use:
Single-family residence
Zoning District:
Single-Family Residential (R-1-AA)
Adjacent Uses:
North:
Right-of-way for the C-16 Canal, and farther north a developed parcel in Quantum
Park (Safety Kleen), zoned PID;
South:
Right-of-way for NW 13th Avenue, and farther south a single-family residence, zoned
R-1-AA;
East:
A Single-family residence, zoned R-1-AA; and
West:
A single-family residence, zoned R-1-AA.
Staff Report
Memorandum No PZ-06-051
Page 2
BACKGROUND
The subject property is currently an undeveloped lot located on the north side of SW 13th Avenue, between
NW 8th Court and NW 8th Street, in Laurel Hills (see Location Map - Exhibit "A"). The subdivision, zoned R-1-
AA, was platted in 1951, with the vast majority of the lots having a width of 50 feet. The lot boundaries
within this subdivision have been "shifted" over time where parcels 343 - 352 along the north side of the plat
abutting the canal now range between 40 and 76 feet in width. The depth of these lots however range from
200 to 231 feet, creating parcels in excess of the minimum lot area requirements for the R-1-AA zoning
district of 7,500 square feet for lots platted prior to 1975. The subject parcel (Lot 347) is an original lot,
unchanged, thus maintaining its platted 50 foot frontage, and approximately 10,700 square foot total lot area.
The applicant is requesting a variance to the minimum lot frontage requirement for R-1-AA lots platted prior
to 1975, which requires 60 feet, a 10 foot variance for a platted 50 foot lot, inorder to construct a single-
family dwelling of approximately 2,900 square feet home (2,100 under air). The subject property complies
with all other R-1-AA requirements, and based upon the applicant's proposal, it would comply with all other
minimum requirements of the R-1-AA regulations, as indicated below:
R1-AA Minimum Reauirements Applicant's Proposal
. Lot area: 7,500 square feet . Lot area: 10,700 square feet
. Lot frontage: 60 feet . Lot frontage: 50 feet
. Front setback: 25 feet . Front setback: 25 feet
. Rear setback: 20 feet . Rear setback: 20 feet
. Side setbacks: 7.5 feet . Side setbacks: 7.5 feet
. Minimum living area: 1,600 sq. ft. . Minimum living area: 2,100 sq. ft.
. Maximum lot coverage: 45% . Maximum lot coverage: less than 45%
. Maximum structure height: 30 feet . 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 "8"). 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-1-AA
zoning district regulations for construction of a single-family residence. Section 11.1.C.3, Non-
Conforming Lot regulations, allows a detached single-family dwelling to be constructed on a non-
conforming lot zoned R-1-AA, provided that gll 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 60 feet, and a
lot area of not less than 6,750 square feet; and (3) that it would not be pOSSible to acquire property
from adjacent parcels without causing the adjacent parcels or structures thereon to become non-
conforming. The subject parcel complies with requirement #1, because it contains at one (1) whole
platted lot (Lot 347). The applicant is unable to meet provision #2, due to the fact that the lot only
Staff Report
Memorandum No PZ-06-051
Page 3
has 50 feet of frontage, as it was originally platted. Therefore, the applicant is seeking a variance to
the minimum lot frontage requirement, a reduction of 10 feet, in order to construct a single-family
home on a whole platted 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 Laurel Hills Subdivision Plat. The Land Development Regulations
set forth the minimum requirements for the development of a lot. The typical lots were originally
platted with 50 foot frontage. The lot in question (Lot 347) is a whole platted lot, like others already
developed within the subdivision. Additionally, the applicant is unable to purchase additional property
without making the adjacent developed property to the west nonconforming. The property owner to
the east has a forty foot vacant remnant of a lot associated with his home, but has provide a letter
stating his plans to expand his house onto said parcel (Exhibit "C").
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 majority of the subdivision is developed with single family homes, including a number on the
original substandard lots. The homes developed on this particular block are situated on parcels with
lot frontages ranging from 50, 62, 76, to 80 feet. As noted above, the applicant is requesting to build
on a parcel with 50 foot fontage. The lot depth of the typical lots in this block abutting the canal is in
excess of 200 feet, creating sizeable parcels, while narrow in width, deep enough to allow flexibility in
home design. The fact that other homes in the neighborhood are constructed on the originally platted
lots and that all of the lots other than those abutting the canal have considerably less total lot area
than the applicant's parcel, appears to indicate that no special privilege would be granted to the
applicant by the issuance of the requested variance.
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 Laurel Hills subdivision contains many substandard parcels when compared to current
regulations. The subject property has 50 feet of platted lot frontage and more than 10,700 square
feet of lot area, but the current regulations require 60 feet of frontage. Literal interpretation of this
criteria would deprive the applicant the right to develop the property and leave a vacant lot where the
construction of a home could present a finished appearance to the block.
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 meet or exceed all other R-1-M requirements such as
setbacks, minimum living area, maximum lot coverage, and building height. The subject property is
of sufficient size to provide a home comparable to others within the neighborhood and still leave
space for any amenities. Without the requested variance, the applicant will not have reasonable use
of the land.
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 Report
Memorandum No PZ-06-051
Page 4
The Laurel Hills subdivision includes many substandard lots by current regulations. The establishment
of the non-conforming lot 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 positive contribution to the economic value of the area and tax base for the city.
Additionally, the applicant proposes to construct a 2,900 square foot house, which is more in line with
typical houses being constructed today, while meeting all required setbacks.
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 property on the west side of the applicant's parcel is already developed and any reduction in that
lot would make it non-conforming. The applicant attempted to purchase a portion of the lot from the
owner to the east, however the owner is considering expanding his house footprint to provide more
living area, and as such, submitted a letter indicating he would not be interested in parting with any
of his property.
RECOMMENDATION
Staff recommends approval of the requested variance based on findings 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. 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 Rl-AA zoning district and be compatable with the neighborhood.
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 "D" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Hatcher Variance - 912 NW 13th Ave\ZNOI 06-004\Staff Report.doc
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EXHIBIT "e"
Conditions of Approval
Project name: 912 NW 13th Avenue
File number: ZNCV 06-004
Reference:
DEPARTMENTS INCLUDE REJhCl.
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
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\912 NW 13th Avenue (Hatcher)\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc