REVIEW COMMENTS
OLD BUSINESS
6.A.l
2514 SW 12TH STREET (Brisson)
(ZNCV 07-006)
ZONING CODE VARIANCE
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-097
STAFF REPORT
TO:
Chair and Members
Planning & Devel~~meVard and City Commission
Michael W. RumPf[J,
Planning and Zoning Director
THRU:
FROM:
f'"
Gabriel Wuebben 11 vJ
Planner 1I\
DATE:
October 15, 2007
Brisson Variance - 2514 SW 1th Street / ZNCV 07-006
PROJECf NAME/NO:
REQUEST:
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section l1.E, which requires a minimum rear setback of 8 feet from the property line
for the construction of a swimming pool, to allow a rear setback of 2 feet (a variance of 6
feet) within the R-1-AA Single-family Residential zoning district.
PROJECT DESCRIPTION
Property Owner:
Mark & Holli Brisson
Applicant/ Agent:
Mark & Holli Brisson
Location:
2514 SW 1th Street
Acreage:
Approximately 7,405 square feet
Proposed Use:
Single-family residence
Zoning District:
Single-Family Residential (R-1-AA)
Adjacent Uses:
North:
A single-family residence, zoned R-1-AA;
South:
A single-family residence, zoned R-1-AA;
East:
Right-of-way for Canal L-27 (Lazy Lake), and farther east a single-family residence,
zoned R-1-AA; and
West:
Right-of-way for SW 1th Street, and farther west a single-family residence, zoned R-
1-AA;
Staff Report
Memorandum No PZ-07-097
Page 2
BACKGROUND
The subject property and neighborhood are currently zoned R-1-AA, Single-family residential. The property is
located between SW 1th Street to the west and the canal known as Lazy Lake to the east (see Exhibit "A" -
location map). The applicants have requested relief from the above-referenced code requirements to allow
for the addition of a swimming pool in the rear yard (see Exhibit "B" - survey).
The applicants are requesting a variance to the minimum rear setback to allow for the construction of a
swimming pool. The subject property is located on a parcel with a significant pitch declining to the water's
edge, forcing the homeowners to locate the pool far enough away from the home to accommodate the
change in elevation, while still maintaining the setback at the rear property line. Based upon the originally
proposed pool size and configuration, and seperation from the house, the pool would be placed two (2) feet
from the rear property line. At the rear of the applicants' property is an approximately eighty-five (85) foot
wide canal right-of-way known as Lazy Lake. A part of this canal right-of-way is an approximately thirteen to
fifteen (13 - 15) foot wide, level grassed area terminated at the waters edge by the homeowners' seawall.
The homeowners have a fence placed at the edge of the seawall, giving the casual observer the impression of
a large backyard, approximately forty (40) feet in depth (see Exhibit "D" - photos).
ANAL YSIS
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 (Chapter 1.5, Section 4.1.D.1):
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.
This property, like several others in the immediate vicinity, was part of a blanket variance
granted in the 1970's which reduced the minimum rear setbacks for construction of the
principal structure. A consequence of this action is a reduced rear yard, which has prompted
requests for numerous variances to accommodate accessory improvements such as
swimming pools and enclosures. The reduction in the minimum rear setbacks was not seen
as detrimental to the neighborhood due to the canal right-of-way located along the rear of
the properties. A similar variance request was granted for a property at 1370 SW 26th
Avenue in March of 2006. In this case, the property was adversely affected by the blanket
variance and suffered significant hardship in the resulting twenty (20) foot rear yard. In that
case, a variance of seven (7) feet was approved to accomodate a swimming pool twelve (12)
feet wide.
As stated above, the property also presents a challenge in locating a pool within a severely
sloping rear yard. In order to appropriately locate the pool in compensating for the slope,
the homeowner has been forced to locate the pool slightly farther away from the home,
providing a necessary break in elevation. The opposite side of the pool is to be supported
with a significant amount of backfill, before falling back to the lowest point along the
seawall.
b. That the special conditions and circumstances do not result from the actions of the applicant.
Staff Report
Memorandum No PZ-07-055
Page 3
An argument could be made that the special conditions and circumstances are not the result
of the applicant, but the actions of the original homebuilder who developed the
neighborhood after receiving rear setback variances. However, the applicants purchased a
property that provided them limited opportunities for potential expansion and accessory
improvements.
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 applicants have stated that the granting of this variance request will not confer any
special privilege. City records indicate that out of 489 parcels on the Plat of Golfview
Harbour, Section 2, 113 lots (nearly 25%) have been the subject of variance approval since
1970 for rear setbacks, and 105 of those 113 lots (93%) are located on the water. Based on
the history of variances processed within the neighborhood, staff concurs with the applicants
that the approval of this variance request will not confer any special privilege that has not
been granted to others.
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.
A literal interpretation of the ordinance would limit the applicant's ability to construct a
swimming pool of the proposed dimensions in their rear yard, based upon the minimum rear
setback of eight (8) feet and the five (5) foot safe zone from the house. Constructing a pool
within these limits while at the same time compensating for drastic rear yard elevation
changes could prove an unnecessary hardship, as well as result in a pool of unusual and
sub-standard dimensions.
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure.
There is not a standard definition for "minimum variance" and "reasonable use", and it
appears that the proposed swimming pool is not unusual in its size and dimensions. The
applicant originally presented staff with a request that would require an even greater
variance. The applicant has been extremely cooperative in working with staff to redesign
the proposed pool and reconsider its configuration in order to minimize the magnitude of the
variance.
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 purpose of creating rear setback requirements in the Zoning Code is to ensure
compatibilty, air circulation, light, and a sense of privacy between neighbors through the
provision of adequate seperation of structures. Staff believes that granting this variance will
have minimal impacts upon the neighborhood considering that the rear of the subject
property abuts the waterway. Given the existence of the 85 foot canal right-of-way,
including a 13 -15 foot grassed area, the remaining separation between rear properties will
Staff Report
Memorandum No PZ-07-097
Page 4
far exceed the typical separation provided by minimum zoning regulations (See Exhibit "F'').
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.
Since the request is for relief from the rear setback regulations, this particular criterion is not
applicable.
RECOMMENDATION
Staff has reviewed this variance application emphasizing criteria "A" and "(" which involves variance
history throughout the neighborhood; criterion "E" which is the "reasonable use" test; and criterion
"F" which pertains to potential impacts upon the neighborhood and city. The findings point to a
significant history of variances within the vicinity, and the existence of the canal provides significant
separation of homes despite a reduction in rear setback requirements. Staff has also placed
significant emphasis on criterion "E", and has worked with the applicant to redesign and reconfigure
the swimming pool in order to minimize the requested variance to increase conformity with the
minimum setback requirement. The applicants are amenable to an alternative pool size, shape, and
location that minimizes the requested relief, and therefore staff recommends that a variance of three
(3) feet be approved, in lieu of the original request for a two (2) foot variance.
S:\Planning\SHARED\WP\PROJECTS\2514 SW 12 Street-Brisson\Brisson - 2514 SW 12th Street ZNCV Staff Report 10-15.doc
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EXHIBIT C
TO:
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
FROM:
RE:
MARK BRISSON AND HOLLI BRISSON
2514 S.W. 12th Street, Boynton Beach, FL;
Code Variance Application
Responses to Section 4:
A. There are special conditions and circumstances regarding the subject land that
are unique to other lands in the same zoning district. Specifically, the subject
property is located adjacent to a lake depicted as "Lazy Lake" on the Plat of Golf
View Harbour 2nd Section. The Plat indicates that a "berm" approximately 10 feet
in width surrounds the lake, but is not owned by each homeowner. Rather, it is
our understanding that the 'berm" is owned by the City of Boynton Beach. It is
our further understanding that the City has not maintained nor utilized the "berm"
property. We have maintained the property since purchasing the residence and
our predecessors in interest did the same.
The "berm" area behind our home extends in one area approximately 16.5 feet
between the seawall to our property line and approximately 14.5 feet at the other
end. It is highly unlikely that the City would need access on the "berm", but the
variance requested would not hinder same in case it was necessary.
B. The foregoing conditions were not created by the applicant. Rather, such
conditions were created when the land was platted in the 1960's.
C. Because the "berm" property has not been maintained or utilized by the City for
any purpose, we do not believe that any special privilege would be granted to us.
D. Literal interpretation of the code would deprive us of rights commonly enjoyed by
other properties in this zoning district. We are attempting to install a pool in our
backyard, as some of our neighbors already have. We have a limited amount of
space behind the house and are therefore requesting a variance for the setback
of our proposed pool and patio.
E. The variance we are requesting is, in our opinion, the minimum variance that will
allow us to reasonably use our property for the intended purposes.
F.. The granting of the variance will be in harmony with the neighborhood. Other
homes in the neighborhood have pools in similar locations. Our immediate
neighbors have no objections to the installation of the pool and patio.
G. N/A
EXHIBIT D
Looking at Lazy Lake from wood deck
Looking across canal to neighbors
!B
M.\RK J BRISSON
e.\14 SW 1eT11 ST
BOYNToN BE.\Cll FI. 3.14e6.74 1 1
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Looking along seawall to neighbors to North
View of neighbors hedge blocks all views
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M.\RK J BRISSON
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M.\RK J BRISSON
col4 SW I cT11 ST
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EXHIBIT E
EXHIBIT F
View of property, canal, and neighboring properties
View of easement, property line, and proposed pool
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
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/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined.
S:\Planning\SHARED\ WP\PROJECTS\2514 SW 12 Street-Brisson\COA.doc