REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-219
STAFF REPORT
TO:
FROM:
Chair and Members
Planning & Development Board and City Commission
Michael W. Rump~
Planning and Zoning Director
Ed Breese ~
Principal Planner
THRU:
DATE:
December 29, 2005
PROJECT NAME/NO:
Bellamy Heights Lots 15 & 16 Block 9/ ZNCV 06-001
REQUEST:
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 5.D.2.a, requiring a minimum lot frontage of 60 feet, to allow a minimum lot
frontage of 57 feet (a variance of 3 feet) and requiring a minimum lot area of 7,500 square
feet, to allow a minimum lot area of approximately 6,850 square feet (a variance of 650 feet),
for a proposed single-family residence within the R-1-A Single-Family zoning district.
PROJECT DESCRIPTION
Property Owner:
Nauras Corporation
Applicant/Agent:
Zamil Abou, President - Nauras Corporation
Location:
South side of SW 9th Avenue, just east of Interstate 95
Acreage:
Approximately 6,850 square feet
Proposed Use:
Single-family residence
Zoning District:
Single-Family Residential (R-1-A)
Adjacent Uses:
North:
SW 9th Avenue right-of-way, and farther north a single-family residence, zoned R1-A;
South:
A single-family residence, zoned R-1-A, and farther south right-of-way for SW 10th
Avenue;
East:
A Single-family residence, zoned R-1-A; and
West:
A single-family residence, zoned R-1-A.
Staff Report
Memorandum No PZ-05-219
Page 2
BACKGROUND
The subject property is currently an undeveloped lot located on the south side of SW 9th Avenue, three (3)
lots east of SW 4th Street and Interstate 95, in 8ellamy Heights (see Location Map - Exhibit "A"). The
subdivision, zoned R-1-A, was platted in 1925, with standard lots of 50' X 120'. The lot boundaries within this
subdivision have been "shifted" over time where typical parcels on this street now range between 50 and 58
feet in width. The subject parcel is the remnant of historical changes to lots within this subdivision, and is
now defined as the east 35' of Lot 15 and the west 22' of Lot 16, totalling 57' of frontage.
The applicant is requesting a variance to the minimum lot frontage requirement of 60' and minimum lot area
of 7,500, inorder to construct a single-family dwelling of approximately 2,200 square feet. The subject
property complies with all other R-1-A requirements (see Survey - Exhibit "8"). The applicant will comply with
all other minimum requirements of the R-1-A regulations, as indicated below:
R1-A Minimum Reauirements
Aoolicant's Prooosal
· Lot area: 7,500 square feet
. Lot frontage: 60 feet
. Front setback: 25 feet
· Rear setback: 20 feet
. Side setbacks: 7.5 feet
. Minimum living area: 1,400 sq. ft.
. Maximum lot coverage: 45 %
. Maximum structure height: 30 feet
. Lot area: 6,850 square feet
. Lot frontage: 57 feet
. Front setback: 25 feet
. Rear setback: 25 feet
. Side setbacks: 7.5 feet
. Minimum living area: 2,184 sq. ft.
. Maximum lot coverage: 32 %
. 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 "C"). 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-A
zoning district regulations for construction of a single-family residence. Section 11.1.C.1, Non-
Conforming Lot regulations, allows a detached single-family dwelling to be constructed on a non-
conforming lot zoned R-1-A, 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 50 feet, and a
lot area of not less than 5,000 square feet; and (3) the parcel complies with all provisions of the Land
Development Regulations and applicable building code regulations. The subject parcel does not
comply with requirement #1, because it does not contain at least one (1) whole platted lot (the east
35 feet of Lot 15 and the west 22 of Lot 16). Therefore, the applicant is unable to use this provision,
and is instead required to obtain a variance to the minimum lot frontage of 60 feet (57) and the
minimum lot area of 7,500 square feet (6,850) in the R-1-A zoning district, in order to build on the lot.
Staff Report
Memorandum No PZ-05-219
Page 3
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 Bellamy Heights Subdivision Plat. The Land Development
Regulations set forth the minimum requirements for the development of a lot. The typical lots were
originally platted as 50 feet by 120 feet (6,000 square feet each) and the subject parcel is 57 feet by
120 feet (6,850 square feet). In essence, the subject property is 7 feet wider, and 850 square feet
larger than originally platted lots in the neighborhood. The subject property is also 7 feet wider and
1,850 square feet larger than the minimum lot requirements for a nonconforming residential lot in the
R-1-A zoning district. Additionally, the applicant is unable to purchase additional property without
making adjacent developed properties more nonconforming.
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 vast majority of homes developed on this particular block (83%, 15 of
18) are situated on parcels with lot frontages ranging between 50 and 58 feet. As noted above, the
applicant is requesting to build on a parcel with 57 foot fontage. The lot depth of the typical lots in the
subdivision is 120 feet. In essence, 83% of the parcels on the block have a total lot area ranging
between 6,000 and 6,960 square feet, which falls short of the required 7,500 in the R1-A zoning
district. The applicant's parcel (6,850 square feet) would place it at the high end of the lot size
spectrum on the block, but would still require a variance. These figures appear to indicate that no
special privilege would be granted to the applicant by the issuance of the requested variances.
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 Bellamy Heights subdivision contains many substandard parcels when compared to current
regulations. The subject property has 57 feet of lot frontage and more than 6,850 square feet of lot
area, but no longer contains one whole platted lot and therefore may not be developed under the
provisions for nonconforming lots. Literal interpretation of this criteria would deprive the applicant the
right to develop the property.
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-A requirements such as
setbacks, minimum living area, maximum lot coverage, and building height. The subject property is a
larger lot than originally platted, and comparable in size with the others on the block. 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.
The Bellamy Heights subdivision includes many substandard lots by current regulations. The
Staff Report
Memorandum No PZ-05-219
Page 4
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 2,184 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 properties on either side of the applicant's parcel are already developed as nonconforming lots.
If either property owner sold any of their property to the applicant, their nonconforming lots would
become even more nonconforming relative to minimum lot size, lot frontage, and setbacks.
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 R1-A 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 "0" - Conditions of Approval.
S:\Planning\SHARED\ WP\PROJECTS\Bellamy Heights\ZNCV 06-001 \Staff Report.doc
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Bellamy Heights
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EXHIBIT C
STATEMENT OF SPECIAL CONDITIONS
Responses to 7 questions from application item 4. ( A - G )
A. Our lot frontage is 57' , similar to that of neighboring lots.
B. It is our understanding that several lots in this area were
platted this way, years ago.
C. No special privilege will be conferred.
D. We would feel deprived and it would be a hardship to us
if we cannot build a house on this lot, which has the same
frontage as neighboring lots in the same zoning district.
E. This certainly would be a minimum variance ( 3 feet )for
reasonable use of land and we fully intend to maintain all
other setbacks and requirements as described bv city
zonin!!: ree:ulations.
F. We believe that the granting of this variance and building
a new home would be helping to improve a beautiful
community.
G. As discussed in our pre-application meeting and checking
with existing lot frontages of adjacent properties, it was
shown to us that acquisition of such property would
result in a nonconforming situation because these
properties frontages are also 57'.
We appreciate your time and consideration in this matter,
:1:0U,
~
EXHIBIT "D"
Conditions of Approval
Project name: Bellamy Heights, East 35' of Lot 15 & West 22' ofLot16, Block 9
File number: ZNCV 06-001
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
Comments:
1. To be determined,
ADDITIONAL CITY COMMISSION COMMENTS
Comments:
1. To be determined.
S:\Planning\SHARED\WP\PROJECTS\Bellamy Heights variance\ZNCV 06-001\COND OF APPROV AL.doc
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
This item was postponed.
7. New Business
A. Bellamy Heights
Zonina Code Variance
1. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
This item was postponed.
December 22, 2005
Bellamy Heights (ZNCV 06-001)
Zamil Abou
Nauras Corporation
Lots 15 and 16 of Block 9
Request for relief from the Land
Development Regulations, Chapter 2,
Zoning, Section 5.D.2.a, requIring a
minimum lot frontage of 60 feet to allow a
minimum lot frontage of 57 feet (a variance
of 3 feet), and requiring a minimum lot area
of 7,500 square feet to allow a minimum lot
area of approximately 6,850 square feet ( a
variance of 650 square feet) for a proposed
single-family residence within the R-1-A
Single-Family zoning district.
B. United Way of Palm Beach County, Inc.
Maior Site Plan Modification
1. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
United 'l!ay of Palm Beach County, Inc.
(MSPM 05-010)
Alan Strassler Architects, Inc.
United Way of Palm Beach County, Inc.
2600 Quantum Boulevard
Request for a major site plan modification
to construct a one-story 5,000 square foot
office building adjacent to the existing
16,393 square foot office all on 6.22 acres
zoned PID.
Present for the applicant was, Alan Strassler, 8895 N. Military Trail, Palm Beach
Gardens, Florida. Michael Rolls, the landscape architect was also present.
Attorney Tolces administered the oath to the applicant.
Chairman Wische inquired if the applicant reviewed the staff comments. Mr.
Strassler responded he had and there were no objections to the comments.
3
Coale, Sherie
From:
Sent:
To:
Subject:
Pyle, Judith
Tuesday, January 24, 2006 11 : 1 0 AM
Coale, Sherie
Bellamy Heights
Sherie:
The affidavit for Bellamy Heights was filed this morning.
Judith A. Pyle
Deputy City Clerk
City of Boynton Beach
561-742-6062
1
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 05-228
IU eJ .(
'V (0ds-542
6-55 ~ 'J
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c:> (f ~ ex:.
c:L 9 -( '- ro.(f'\
\J Cr(-.};;L.
TO:
Janet Prainito
City Clerk
FROM:
Michael W. Rumpf
Director of Planning and Zoning
DATE: December 13,2005
SUBJECT: Bellamy Heights
Minimum Lot Frontage & Minimum Lot Area
ZNCV 06-001
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced case. A check in the amount of $500.00 for the variance to cover the review
and processing of this application has been forwarded to the Finance Department.
The legal advertisement for this request will be forwarded to your office after review by the City
Attorney. The requested variance is scheduled for the January 24, 2006 Planning and
Development Board meeting and the February 21, 2006 City Commission meeting. Please
advertise in the newspaper.
S :\Planning\SHARED\ WP\PROJECTS\Bellamy Heights\Legal notice,doc
REQUEST FOR PUBLISHING
LEGAL ~vTICES AND/OR LEGAL ADVERTl~MENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney two (2)
working days prior to the first publishing date requested below.
ORIGINATOR: Planning and Zoning Division
PREPARED BY: Michael Rumpf DATE PREPARED: December 13, 2005
BRIEF DESCRIPTION OF NOTICE OR AD: One (1) Zoning Code variance for Nauras
Corporation Lots 15 and 16 to reduce the minimum lot frontage requirement to 57 feet from the
required 60 feet, and minimum lot area to 6,850 square feet from the required 7.500 square feet
for a single-family house in the R-I-A Single-family Residential zoning district. Planning and
Development Board meeting to be held on Tuesday, January 24, 2006 and City Commission
meeting to be held on Tuesday, February 21. 2006, both at 6:30 p.m. at the Commission
Chambers, City Hall, 100 East Bovnton Beach Boulevard, Boynton Beach Florida,
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: Director of Planning and Zoning.
NEWSP APER(S) TO PUBLISH: The Post
PUBLISHED: January 14. 2006
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: Wednesday, January 11, 2006
APPROVED BY:
(1)
(Originator)
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
"
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the CITY OF
BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the
provisions of the zoning code of said City:
Owner:
N auras Corporation
Request:
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum lot
frontage of 60 feet to allow a minimum lot frontage of 57 feet (a variance of 3
feet), and requiring a minimum lot area of 7,500 square feet to allow a minimum
lot area of approximately 6,850 square feet (a variance of 650 square feet) for a
proposed single-family residence within the Rl-A Single-Family zoning district.
Location:
South side of SW 9th Avenue, just east of Interstate 1-95.
Legal:
East 35 feet of Lot 15, and the West 22 feet of Lot 16, Block 9 of Bellamy
Heights, according to the Plat thereof as recorded in Plat Book 13, Page 62 of the
Public Records of Palm Beach County, Florida.
PUBLIC HEARINGS TO CONSIDER THE REQUEST ARE SCHEDULED BEFORE
THE PLANNING AND DEVELOPMENT BOARD ON TUESD RY 2
AND BEFORE THE CITY COMMISSION ON TUESDAY, EBRAUR , 2006 AT
6:30 P.M. OR AS SOON THEREAFTER AS THE AGEND , AT THE CITY
HALL COMMISSION CHAMBERS, 100 EAST BOYNTON BEACH BOULEVARD,
BOYNTON BEACH.
r&o
-----
All interested parties are notified to appear at said hearings in person or by attorney and be heard
or file any written comments prior to the hearing date. Any person who decides to appeal any
decision of the Planning and Development Board with respect to any matter considered at these
meetings will need a record of the proceedings and for such purpose may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in and enjoy the benefits of a
service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-
6268, at least twenty-four (24) hours prior to the program or activity in order for the City to
reasonably accommodate your request.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
January 14, 2006