APPLICATION
PROJECT NAME: 306 S~ 5TH Avenue (Mango Heights) linldns
LOCATION:
PCN: 08-43-45-28-39-000-0440
I FILE NO.: ZNCV 07-001 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER:
Steve & Anna Jenkins ADDRESS:
ADDRESS: 306 SW 5th Avenue FAX:
Boynton Beach, FL 33435 PHONE:
PHONE: 561-735-4444
SUBMITTAL / RESUBMITT AL 10/18/06
1 ST REVIEW COMMENTS DUE:
PUBLIC NOTICE/ SIGNS 30 days / 10 days
IPARC:
TART MEETING:
LEGAL AD
PLANNING & DEVELOPMENT BOARD TBD
MEETING: /(~6!o1
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: ~ c2J /3/07
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\306 SW 5th Avenue Variance Jenkins\2006 PROJECT TRACKING INFO.doc
Jdes Accessed Via Website
N. boynton-beach.org
www.amlegaJ.comlboynton_beach_fl.us I
Has applicant attended a pre-application meeting? Date !-~ I eX - -
CITY OF BOYNTON BEACH W \ OCT I 8 2006
PLANNING & ZONING DIVISION L-..---,. .P- ·
CODE VARIANCE APPLICATION !)t~,'~,L:. "
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SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
Please Print (in ink) or Tvpe
Submittal Date:
The undersigned owner(s) hereby respectfully petition(s) the City Of Boynton Beach to grant to
petitioner(s) a special exception or variance to existing code of said City pertaining to the property
hereinafter described and in support thereof state(s):
Property involved is described as follows: Lot(s) Y L{
Block C-Y-l ~ f'\. (]y7) \-LE'.- t Cf; Lt-\-- 5
Subdivision
Plat Book 3D Page 5 5 or otherwise described as follows:
Property Address oDb S 0 ~ +t---\ kJ~:- Ob-~n ifj \., f?Vtc~
PCN Number ':I [1/ d~'l\.'\~; (v(\_\ \0\\:Jl (~~. <-{ ;.s ,- L( .J ~dg ~~31 - ()()O -6Y 4 {)
Variance requested including code chapter and section, existing code standards (i.e.
setback distance, number of required parking spaces etc.), requested standard and the
variance (existing code stand~rd minus requested standard).
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The following documents are required to be submitted with this application to form a single package.
An Incomplete package will not be accepted:
1. Two sealed survevs by a registered surveyor in the State of Florida, not over six (6) months
old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal Description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
Zoning Code Variance Application
Beach, must accompany a completed application. The $400.00 application fee covers a
request to vary one (1) section of the Code. Seeking relief from more than one section of the
Code will require payment of $100.00 for each additional Code section.
6. Name and address of owner: -sfe-ven ~ tj~ ("- "A. A- \8'\ tc ^ S
7. Name of applicant:
8.
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Applicant's address: 3C)Co 0 G '5++-t l'\2l' 2- -:7 U -:s CS
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Applicant's phone #: J to l _ 1 ') $' .. t.{ 4 \4 ~
Applicant's facsimile #:
Date: I D ( \ 'iI ) dE.:(.) ~ Signature of Applicant:
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9. Representative of the project must be present at all Technical Review Committee,
Planning and Development Board or Community Redevelopment Agency Board and City
Commission meetings held to review this project.
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Reply to Question A:
My neighbors to the East, South and West do not have a patio. My neighbor to the
North is across the street and I don't know if they have a patio. Our house was built
in the early nineteen seventies. At that time a permit was required to pour a
concrete foundation patio and granted; according to Boynton Beach records. Also,
the city of Boynton Beach was unable to find the permit that was pulled for the
patio screen enclosure. I was told by the city of Boynton Beach that records after
fifteen years are not available.
Reply to Question B:
When Hurricane Francis came thru our area in 2004 large mango tree branches
crushed my patio. I contracted a licensed contractor to remove my destroyed patio
and rebuild a new one. I instructed the contractor to rebuild it to the same
dimensions as the old patio. I then insisted that they pull permits from the city of
Boynton Beach before they started this project. I was assured by this contractor that
they would have the permit prior to starting the work. I'd like to note here that I
rented this property in 2000 and purchased it in 2002. The patio with the screened
enclosure was up in the year 2000. I did nothing to change it prior to Hurricane
Francis. The patio was an eyesore. It was old and had a pan roof. Had I known
that this patio did not have an original permit pulled for it when it was built, I never
would have bought tbe bouse. Had I not insisted that the repair work be done
under the proper code of Boynton Beach, I would not be having this problem now. I
am not the kind of person that does not do things by the book but in this case going
by the book has been a nightmare for my entire family.
Reply to Question C:
I don't think that the granting of my request of variance to the building code of
Boynton Beach will give me any more privileges then any other homeowner in
Boynton Beach. This patio was here before any of the current residents in the
neighborhood moved into the area. My patio is in my backyard and cannot be seen
from the street or by my neighbors to the East, West or South.
Reply to Question D:
The issue here is that this patio was built before I rented this house in 2000. It was
built under the existing code of Boynton Beach at the time of construction; which
was in the mid to late 1970's. This was verified by the permit filed with Boynton
Beach. Due to the fact that Boynton Beach does not have records past 15 years we
do not know for sure exactly when the patio was covered. But we do know it was
before the year 2000.
As I stated before due to Hurricane Francis destroying this existing patio I
contracted with J. White, a licensed contractor, to remove the damaged material
and rebuild a new one. Once again I want to reiterate that I insisted that J. White
obtain all the necessary permits prior to commencement; I wanted this done by the
book. I instructed my contractor that I wanted the new patio built to the same
dimensions as the old one. I was not made aware of the fact until one year later that
the permit had been denied.
I do not think that the granting of this exemption will in any way impede the
purpose of the building codes of Boynton Beach. As I said before the patio cannot
be seen from the street, it is in the backyard of my home and is completely fenced in
by a privacy fence. Since the year 2000 I have not received one complaint from my
neighbors on the old patio. This new patio, although built to the same dimensions as
the old one, is not an eyesore. It, in fact, improves the neighborhood.
I could have had the work done by an unlicensed handyman. The work could have
been completed and probably no one would have been the wiser. It is only because I
am the type of individual that follows the rules, regulations and laws that we are in
this situation today. If I had made changes to the size, shape and looks of the patio I
would expect to adhere to the code book to the letter; but I didn't change the size,
shape or looks. I kept it exactly the same.
Please don't instill undo hardship on me and my family by following the letter of the
law on this situation. My wife and I purchased this property because we loved
everything about it. We purchased in Boynton Beach because we believed it was a
great area to live and raise our children. One of the biggest reasons we fell in love
with this home was because of the patio; as we spend more of our time in the patio
than any other place else in the house excluding the bedrooms. So I ask you to
please, just once and only once, grant us this variance in the code book. To follow
the true spirit ofthe law instead of the letter ofthe law.
Response to Question E:
As I stated previously, I am pleading with the City of Boynton Beach to grant me
this variance so that I can keep my patio as is now stands.
Response to Question F:
Should the City of Boynton Beach respond to my request for variance in the true
spirit of the law it will in now way effect the safety, appearance or integrity of my
covered patio. The old patio was an eyesore to the neighborhood. It was old and
dilapidated. This new patio, built on the same ground and in the same dimensions,
has proven its safety and structural durability by withstanding the last hurricane of
2005. As I stated before because this patio is in the back of my house it is not visible
from any direction it will not have any effect on the value of the surrounding homes
in my neighborhood. However, if a perspective buyer of a neighboring home were
to come into my back yard this new patio would certainly have a positive effect on
home values.
Response to Question G:
My request for this variance has no effect on the requirements governing the lot
frontage. This variance request asks for allowing my patio roof line to extend just
five feet out, as the old patio did. This five foot extension in no way has any effect
on easement access. The property lot directly adjacent to this five foot roof line
extension is not for sale. This property is not for sale and consists of a one story
home. During the 6 years that I have lived here the five foot extension has never
caused a hardship on anyone attempting access to the easement. It also has never
caused a problem for my neighbor who lives adjacent to it.
AFFIDAVIT
The above mentioned conditions exist with respect to the acquisition of additional
property.
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306 S. W. 5th Avenue
Boynton Beach, FI. 33434-5552
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07102/2002. 16:2.2.:2.2. 20020337102-
OR BI< 13871 PG 0S06
Pal. Beach County, Flo~ida
APIT 105,000.00
Doc Stamp 735.00
PreJ1ared by and return to:
Jennifer L Torrence/
Legal Assistant
Perry" Kern, P.A.
SO S.E. 4th Avenue
Deiray Beach, FL 33483
561-276-4146 ~
Fil.e Number: Ol-~7. ~
Wtll Call NO.:\~ ~
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i\(>/ ,,-., Warranty Deed
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This Warranty De~~e}h~8th day of June, 2002 between Kurt J. Peterson, a single man whose post office
address is 203 No. Arlington St6tt, Kalamazoo, MI 49006, grantor, and Stevea Jenkins, a single man and Anna Lloyd,
a single woman, as Joint T~a(rnth Right of Survivorship, whose post office address is 306 SW Sth Avenue, Boynton
Beach, FL 33436, grantee: \U Jb->
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(Whenever used herc:in the terms "grantor.~ lIJ1Iltcc" include all the parties to this Instrument IIld the heirs, legal representatives. and asigns of
Individuals, 8IId the succcsson IItd assign~~ ions, trusts 8IId trustees)
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Witnesseth, that said grantor, for :-liAnsideration of the sum ofTEN AND NO/lOO DOLLARS ($10.00) and other
good and valuable considerations to sa ~t~ hand paid by said grantee, the receipt whereof is hereby acknowledged.
has granted, bargained, and sold to the s81~~ee, and grantee's heirs and assigns forever, the following described land.
situate, lying and being in Palm Beach COqty, Florida to-wit: .
Lot 44 of MANGO HEIGHTS, acc<<f~o the Plat thereof, as recorded in Plat Book 30, Page 55, of
tbe Public Records of Palm Beach C~. Florida.
Parcel Identification Number: 08-43-45-~~-0440
Grantor warrants that at the time of this c~;fej"~. the subject property is not the Grantor's homestead
within the meaning set forth in the constitutio'R~1tt~~tate of Florida, nor is it contiguous to or a part of
homestead property. \'(/''';:--;:)
Together with all the .......ents, b..-editaments ..d appurte~, belonging or in ..ywise apperlainin~
To Have and to Hold, the same in fee simple forever. \!/})....':;;
And the grantor hereby covenants with said grantee that the gran~;~~llY seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said ~J!te grantor hereby tully warrants the title to said
land and will defend the same against the lawful claims of all persOfl.S:.~ver; and that said land is free of all
encumbrances. except taxes accruing subsequent to December 31, 2001. t{,,:,~~
In Witness Whereof, grantor has hereunto set grantor's hand and seal the t(5!~ear fll'st above written.
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Signed, ...Ied md delivered In our presence:
-::OK 13871
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My Commission Expires: '1-/ ~-o &
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This Inslrum~'f11 Prepared By, Record and Rctum to:
Stepbea W. SeRaa, F.sq.
Realty Land Title Company
3200 North Mililary Trail. Suite 200
Boca R:llon. Florida 3343t
PhOPe S611991-S100 Fall: S611997-l737
File No.: 0004214
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May-l4-ceee 18:S6D 00-165710
ORB 11 759 Pg 1. 1. 62
Can 71,...." Doc "JliM'il
DOROn<< H. 1I1U<EN, CLERK PlllUiTY. Fl
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parcelldentificUlion Number: 08-43-45-18-39-000-0440
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THI'$jNDENTURE, made this IS1day of May. 1000, between Suet Yuk Woo,a marriedwot1lllJ1,
and Yim Wa T~. penon, ud Kit Taag. a single DIaD. GRANTOR., whose address is 930 I Lakeside
LaDe. Hoyntoll Bij,VI'I, Florida 33437, and Ka" PetersoD. . siugle IDBD. whose address is 306 S.W. 5th A,'e.
, BoyntOD BeadJ, Florida~. GRANTEE.;
(WheI't"'1;'r' ILled he,ei" tli(;;'~' "Grantor" lUIlI "Gr01ltee" shllll inclwle all tire porites to tlris instruml!lIl and hein. legal
rr:prrselllalires. and ...uig>\rt fiYi"i<illals. IllId the SUt:ct!sson and GSsigns of corponJIimu.)
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WITNESSETH, Tha~ Grantor, fot and in consideration oftbe sum oftEN AND 00/100 ($10.00)
DOLLARS and other good . .~ ble tonsidenlion. to said Grantor in hand paid by said Graota:, the rccc:ipt
whereof is holreby acknowlcd GJlUlIS. bargains. sells. aliens, remises. releases. conveys lInd conflf1l\S unto
the Granlee and Grantee's heirs. ~:, and assigns forever the following described land located in the County of
him Bell:'" SllIle of Florida, to- :!~:;~!:?
L(Jf 44, PLAT OF MAN~ HEIGHTS, alXOrdiug to tbe Plat tbereo~ recorded in Plat book
JO, Page 55, oUbe Public R~Palm Beach COUDty, FloridlL
This property is aot DOW, oor bas it a~.. the bomestcad ~~ ofthe mntor, Suet Yuk Woo. Tbe
gnmtor'sbomestcadaddressis:lfaDl L~d~1&)'\C!..-- _yiu:>nut::C!c~(.t.. -H.... 334:307
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SUBJECT TO all restrictions. r~~ and easements of rC:Cllrd. if any; zoning restrictitmS and
prohibitions imposed by governmental authority~~es for the year 2000 not yet due and payable.
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TOGETHER WITH all the tenements, ~lnehts and appurtenanec:s thereto belonging or in anywise
appertaining to have and to hold the same in fee simp~.~;J
AND THE SAID GRANTOR does hereby tll~~~ibe said Grantee thaI the Grantor is lawfully seized
of said land in fee simple; that theGranlorbas good rish~'ia)i1;JHulhority to sell and conveY said land, and hereby
fully warrants the title tll said land and will defend the samHri'ill&t the lawful claims of all persons whomsoever.
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IN W1TNESS WHEREOF, Grantor has her~nto silt ' r's hand and seal this day and ytar first above
written. 1:"",
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The foregoing instrument was acknowledged before me this 1st day of May. 2000. by Suet Yak Woo, Vim
TallJ ~Dd Kit Iang who Dare personally known 10 me or..f9' produced
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j\/n"~ ",1. 27th ,/ny of March . A D. IQ 81 Bdwetll
KENNETH~ SISSOM and NANETTE T. SISSOM. his wife
nf ,~401 PALM BElICH . 'n d,;. Slol. of FLORIDA
PING~UE'~G and SUET YUK WOO, his wife and YIM WA TANG, a single person
of d.. ~';?~~ d'ALM BEACH . 'n ,,,. S'al, of FLORIDA . "'"0''' po,' office add~.. b
306 s.w.~~enue. Boynton Beach. Florida' 33435
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pari ies o~,i~nd parI,
1tIitAtsStfh0k~ ,hp .alel pear' ies of ;1.. Ilnl pari. for and 'n co...id....Jllon 01'''' .um 01
-----TEN AND~~r>yOOO AND VALUABLE CONSIDERATION------------------------Dollan.
10 them In "\'mV,fa'd /" ,I." .aid pari ies 0/'''' ...cond pari. ,,,. reuip' w'"_/ II h....b, ac~noll1l.
~'/p..d. "rYe' "ran,..d. /'~necl. and .old '0 1M .ald pari ies a{ ,I... ...,.;nd part. their 1..r"
anti oui"n. (o,.."n. J"~1~~nll d...crib"" land. .lIual., and b..'ng In I".. Counl, 0/ PALM BEACH
SIal. of FLORIDA <:::--'~:
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Lot 44 of ~~~GHTS' according to the Plat thereof
as recorded in Pla~ok 30 at Paae SS of the Public
Records of Palm ~>county, Flo~ida.
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SUBJECT TO restrictions, reser~~" s, limitations and easements of record, 20ning
ordinances and taxes for the y~ 4 and subsequent years.
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.am, again.' ,I.. law{ul d/lInu of all ""...an. whonuo.",,', ~.;~
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"and sand ....1 a .J... day and "ocar /1..., 000'" wrlll.n, '\ ~,:;;-..
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Nanette T. Sissom
STATE 01=' FLORIDA. }' /"
COUNTY OF PALM BEACH .
I HEREBY CERTIFY Ihal on this d.y. bef_ m., .~
office' duly .utho,i.ed in Ihe Sial. aloreuid .nd In Ih. Counly aI_uid 10 t.k. ..k......lrdl!'".nll. penonany appeated
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Kenneth T. Sissom and Nanette T. Sissom, his wife
10 me known 10 be ,h. pcnon S dncribcd in and who en.ulcd \he r.......iDl lnalnlmcnl. and they '.ebowlcdard
belon: m. WI ' they aceu'..! the lime.
.' .. ':"WlTNESS m, hand and <<lid.1 ...1 in Ih. Counl1 and Stale' wt a10raald Ihis 27th d., of
,.,,. .'.~::;t:.~~..;,:?'.:2\: A. D. 19 84 RECORD VERlAEO . 17 _ 'd /1J..--
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C"; .!:: ::':J j!;, JOIl~ B. DUNKLE Notary Publi~:~ate of Florida at Large
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.' GATE:W)l.y" TITrJ: AND ABSTRACT CO. INe. ""
AtlJreJJ ill N. Congress Avenue .' , ~
',. Boynton Beach, Florida 33436 ~
G'l'1-2082
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PRE-APPLICATION CONFERENCE REVIL "v FORM
Date '6'/4-/0& Time Started Time Finished
Attending as Applicant ~ ~ a W.AJ b AJ S.
Phone 7J-J: ~ _'1_ _ Fax
Applicant Must Initial for Receipt of
Art in Public Places Ordinance 05-060_ and Art Program Info Sheet:
Proposed Project Information
Proposed Project Name and <::::'
TypelUse ~(lr~
Site Location (Address if Available)
Site PCN
Existing Zoning
Existing Land Use.Density
Anticipated Submittal Date
Proposed Zoning
Proposed Land Use/Density
/
Vacant
Notes and Comments
Lot Area
Lot Frontage
Lot Depth
Setback
Height
Parking Requirements or Improvements
Landscaping/Buffering
Non-conforming Use or Change in Use
Other Zoning Changes Required
Hazardous Material
Notes/Comments/Recommendations
exiS+i/J~CUo (14/7~ -!toLi~~~ S~~~~tla~~~~
e~~';t"l~~ eZ~~~-<,~~'~~~t~i1;~~Zf;f'Et~ ~ ;(7;~'
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~i,bJt~~'t -::~;;c::rf!:';;:"~ '1 W::J i ~'~~~;) ~~
roof f'l ot- <"(!.f"'~~ l\7)o-t- d..- (,,-) i Il P ~UL~ fA 1/ a Q/' PtJlJI..r'
OI!;.,a.yra Ie <, f'. ~ P <f- 2-' S. rUA" {/>'-:'" t.ppJ d 1'1+,'0 N, (i c) wtra..1crr ':('PI Le.d
-0 r ~yvtl+ ..J.- ,..,)..P).1'€..r ~ 1+ <>I- pU+ l^-f" -+~ ~CJI i 1~01
~ ~ .(J ~ el ('\6.,. \AA'e... W I q=../A A vd- ,.L ~(J y-y-iLr-t- . Y\ 'LtUJ f'J--e.- e- d
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NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals,
objectives, policies and codes as related to the proposed development and to discuss site plan review procedures.
Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff
comments may be forthcoming based on actual plans submitted for review.
S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc
.I.
PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE:
TIME:
ATTENDING FOR APPLICANT:
NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall
community goals, objectives, policies and codes as related to the proposed development and to
discuss site plan review procedures. Opinions expressed at the pre-application conference are not
binding for formal review purposes. Additional staff comments may be forthcoming based on actual
I bmi d f, .
plans su tte or reVIew.
City of Boynton Beach Attending for Applicant
Attendin2 Staff
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S:\Plannlng\Plannlng\Pre-App Form pp 1-3\Pre-appllcatlon Form p3.doc
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PRb-APPLICATION CONFERENCE REV ~ N FORM
Date f"'?; - &(P
Attending as Applicant
Phone
Time Started ~~ ()O
,4NIV-4' ,JeyuU/~
Time Finished
Fax
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Applicant Must Initial for Receipt of
Art in Public Places Ordinance 05-060_ and Art Program Info Sheet:
Proposed Project Information
Proposed Project Name and $Oh.so.;.5 fI.f AvG
TypelU se
Site Location (Address if Available)
Site PCN
Existing Zoning
Existing Land Use.Density
Anticipated Submittal Date
Proposed Zoning
Proposed Land Use/Density
/
Vacant
Notes and Comments
Lot Area
Lot Frontage
Lot Depth
Setback
Height
Parking Requirements or hnprovements
Landscaping/Buffering
Non-conforming Use or Change in Use
Other Zoning Changes Required
Hazardous Material
Notes/Comments/Recommendations
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NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals,
objectives, policies and codes as related to the proposed development and to discuss site plan review procedures.
Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff
comments may be forthcoming based on actual plans submitted for review.
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PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE:
TIME:
ATTENDING FOR APPLICANT:
NonCE: The purpose of this conference shall be for the staff and appUcant to discuss overall
community goals, objectives, poUcies and codes as related to the proposed development and to
discuss site plan review procedures. Opinions expressed at the pre-appUcation conference are not
binding for formal review purposes. Additional staff comments may be forthcoming based on actual
I bmi ed
Plans su tt for review.
City of Boynton Beach Attending for Applicant
Attendin2 Staff
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S:\Planning\Plannlng\Pre-App Form pp 1-3\Pre-appUcatlon Form p3.doc:
MANGO HEIGHTS
LOT 18
LOT 20
HEARD
ON
10/15/73
GRANTED
6/25/79
ENI
9/8 80'
GRANTED
6/14/82
GRANTED
10/10/83
GRANTED
9/14/99
GRANTED
-Fer< add' .
REQUEST
ADDRESS
LOIS 5-55
LOT 33
LOT 33
REDUCE REAR SETBACK 6
KAM CONSTRUcrrON ~I +rs(' '1" iJj:
REDUCE SQ. FT. LOT AREA
MORRIS ROBINSON
RE~~~~~~ ~'L~~~;~EA N I A-
REDUCE 25' REAR SETBACK TO 18.84'
DONALD E. CLEVELAND -f d":-&"r)AJ +- @
REDUCE 15' REAR SETBACK TO 22'-1" l}101iJ:1f.-r,1\J
PHILIP R. MARTIN I fL.j,J
REDUCE REAR SETBACK
GWENDOLYN HANSON
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M"XNGO HEIGHTS - 1ST AOl1N.
ADDRESS HEARD REQUEST
ON
LOTS 56-77 10/15/73 REDUCE REAR SETBACK
GRANTED KAM CONSTRUCTION
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