LEGAL APPROVAL
""'.
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
November 21,2007
Mark and Rolli Brisson
2415 SW 1ih Street
Boynton Beach, FL 33426
Dear Mr. and Mrs. Brisson:
Re:
For:
File No.:
Location:
Zoning Code Variance Request
Setback Requirement
ZNCV 07-006
2514 SW 12th Street
Enclosed is the City of Boynton Beach Development Order for application item ZNCV 07-006,
which represents approval 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 eight (8) feet from the property line for the construction of a pool, to allow a rear
setback of three (3) feet, a variance of five (5) feet within the R-1-AA Single-family Residential
zoning district. The City Commission approved this variance on November 13,2007, and as you
will recall, this approval is a deviation from the requested variance.
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~
I ~
!:v.- .
Michael W. Rumpf
Director of Planning & Zoning
MWR:ad
Enc:Development Order w/Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\2514 SW 12 Street-Brisson\Approval Letter.doc
DEVELOPMr T ORDER OF THE CITY COMMIS" 'ON OF THE
city OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
2514 SW 1ih Street (Brisson Variance)
Development
P&Z
Building
Engineering
Oec. License
Deputy City Clerk
APPLICANT'S AGENT: Mark and Holli Brisson
APPLICANT'S ADDRESS: 2514 SW 1ih Street, Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 13, 2007
TYPE OF RELIEF SOUGHT: 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 2 feet, a variance of 6 feet within the R-1-AA Single-family
Residential zoning district.
Approved: Allowing a setback of three (3) feet, a variance of five (5) feet within the R-1-AA
Single-family Residential zoning district. Approval is a deviation from the
requested variance.
LOCATION OF PROPERTY: 2514 SW 1ih Street
DRAWING(S): SEE EXHIBIT "E" ATTACHED HERETO.
X THIS MATTER 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
../HA S
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.
DATED:
11-lro-07
'tn. p~
City Clerk
ern)\DO.doc
6. All further development on the property shall be made in accordance with
and conditions of this order.
7. Other
S:\Planning\SHARED\WP\PROJECTS\1370 SW 26th Ave
EXHIBIT "G"
Conditions of Approval
Project name: 2514 SW 12th Street
File number: ZNCV 07-006
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
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. Reject the requested 6-foot variance and approve a 5-foot variance consistent X
with staff recommendation.
S:\Planning\SHARED\WP\PROJECTS\2514 SW 12 Street-Brisson\COA.doc
-,
Meeting Minutes
Pla a_Oeve1Qpment Board
a
C:_+.a.,.,taa.'J: 21B7
~~~~~..:,,'~
5. Communications and Announcements
A.Planning and Zoning Report
1. Final disposition of the August 28, 2007 Planning and Development Board
meeting Agenda items.
Mike RUa1:pf, Planning and Development Director, reported the following items previously
revIewed by the board were approved by action of the City Commission at the September
18, 2007 City Commission meeting:
. TheDi Nizo variances were approved for the fence height and accessory building
within the side comer setback. This item also filed as 444 SW -rn Court.
. The Early Learning Center conditional use application was approved for Dr. Gols
property on Boynton Beach Boulevard.
· The Land Development Regulations Rewrite Group 3 was endorsed, and the boardls
recommendations were conveyed to'the Oty Commissionreganlling staff's continued
work pertainlngto parking space surpluses for retail uses, and parking requirements
for temporary needs, such as constructlon activity.
· Also approved were the mobile vending unit and chickee hut ordinances revlewed
by the board pertaining to two text: Items in the zoning regulations.
6. Old 'Business
None.
Attorney AleQnder administered the oath to all who would be testifying.
7. NewB...ineBS
A. 25'14 SW 12d1 St:reet(8r1JaIl)
ZoOma/(Jode Varionce
1.
PROJECT:
AGENT:
OWNER:
LOCATION:
25,14'. lZthStl.<.et t8rlSson) (ZffCV1J7-et16)
Mark and Halfi Brisson
Mark andHOIl1 Brisson
2514 SW 12th Street
2
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Se~el"25/.D7
DESCRIPTION: Request for rellef from the Land Development
Ri;!gulations, Chapter 2. Zoning, Section l1.E. Swimming
Po(SIS,rec;p..llt'lngaminimuf'tl real"setbac;k of8feet from
the property line for thecon~OtiOnofaSWlmf'tllng
pool, to aHow a rear setback of 2 feet, a vatliance of 6
feet within the R"l-Msingleofamlty resiaential zoning
district.
This Item was post;poned to the October 23., 2007 meeting at the request of Mark and Holti
Brisson.
B. Maaista Baby
~.""~.I
Ma1crista Baby (ADAP 07001002)
Midlael S. Weiner, Weiner &. Aronson, P .A.
Request for appeal of theadmlnistt ative determination
that thesubjeet use, Maknsta Baby, is not simUar to a
taUor and dressmaker, and therefore not an allowed use
within the C-1 ofl!ice and professional commercial
zoning district.
Chair Wlsdle read the appeal and advised the applicants were present.
1. PROJECT:
AGENT:
DESCRIPTION:
Jason Maftkoff, attorney with the firm of Weiner & Aronson, P.A., 209 N. Seacrest
Boulevard, advised he was appearing on behalf of Michael S. Weiner, Esq. and Makrista
Baby.
Mr. Rumpf' advised the appeal was filed by Mr. Mankoff. The appeal was to the zoning
interpretation of the stlbject tfSe,MakristaBaby, a retail!wholesaJeline of'baby clolhtng. It
was not similar to ataflor or dressmaker, as Intended for the C-1 office and professional
district. Therefore, the subject use was determined not to be allowed in the C-1 zoning
district. Mr.1Wmpf noted such appeals were rare, as the City's zoning regulations were
based on model Qrdtnanc-es used nation , recognizing the standardized method of
arrangernentand enforcement ofmni oas and uses. The zoning regulations were
also ,Iy and c . Appeals for variances were requested !when a
party 1Jnder contract or asa new owner of property,be'fore confirming
the subject pmpertywas zoned for their busIness fllan. Then, backing thernsefvesJnto the
process, an argument would be attempted to connect the proposed plan with the adopted
zoning regutaibns.
3
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