APPLICATION
PROJECT NAME: 2514 8"; 12th Street
LOCATION:
PCN: 08-43-45-32-03-019-0230
I FILE NO.: ZNCV 07-006 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: same
Mark and Holli Brisson ADDRESS:
ADDRESS: 2514 SW 12th Street FAX:
Boynton Beach, FL 33426 PHONE:
FAX: 561-364-9201
PHONE: 561-329-0381 or 561-329-1129
SUBMITTAL / RESUBMITT AL 7/25/07
1 ST REVIEW COMMENTS DUE:
PUBLIC NOTICE/ SIGNS 30 days /10 days 9/15/07
IPARC:
TART MEETING:
LEGAL AD 9/15/07
PLANNING & DEVELOPMENT BOARD 9/25/07
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: 10/16/07
COMMENTS:
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City Codes Accessed Via Website
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www.amlegal.com/boynton_beach_fl.us
Has applicant attended a pre-application meeting?
Date
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CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
CODE VARIANCE APPLICATION
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SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
Please Print (in ink) or Type
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):
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Subdivision:
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Property involved is described as follows: Lot(s)
Plat Book: ~ /
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or otherwise described as follows:
Property Address
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PCN Number(s)
Variance requested including code chapter and section, existing code standards (Le.
setback distance, number of required parking spaces etc.), requested standard and the
variance (existing code standard 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 surveys 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
Zoning Code Variance Application
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3.. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aaent is submittina the petition, a notarized copy of a letter desianatina him as
such must accompany the petition.
4. Statement of special conditions, hardships or reasons justifying the requested exception or
variance. Respond to the seven (7) questions below (A-G) on a separate sheet (Please print
or type ):
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;
B. That the special conditions and circumstances do not result from the actions of the
applicant;
C. That granting 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;
D. That literal interpretation of the provisions of this chapter 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;
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
F. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
G. 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.
2
Zoning Code Variance Application
An application fee in the amount of $500.00, payable to the City of Boynton Beach, must
accompany a completed application. The $500.00 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.
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5.
6.
Name and address of owner:
7.
Name of applicant:
8.
Applicant's address:
Applicant's phone #:
Applicant's facsimile #:
Date:
7 -JC; '07
9.
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Signature of Applicant: 714 ) lr ./ ;/2/[2 ~
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Representative of the project must be present at all Technical Application Review Team,
Planning and Development Board or Community Redevelopment Agency Board and City
Commission meetings held to review this project.
3
July 25, 2007
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Jil and Randy Tarkir
1154 SW 25th Avenue
Boynton Beach, FL 33426
561-738-9984
To whom it may concern:
We are the property owners for 1154 SW 25th Ave. (across the
canal) and 2518 SW 12th Street (to the South) to Rolli and Mark
Brisson at 2514 SW 12th Street. We feel the addition ofa pool and
patio to there home would add value to the neighborhood. We also
feel there plans would not impede our property.
Thank: You.
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Faby and Gaetan Morels
2510 S.W. 12th Street
Boynton Beach, Fl 33426
(561) 733-6064
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ZONil~G D[PT J
July 20, 2007
To Whom It May Concern,
I, Faby Morels, owner of the property located 2510 S.W. 12th
Street in Boynton Beach, FL 33426 have no problems ,
concerns or objections for my neighbors, on 2514 S.W. 12th
Street in Boynton Beach, FL 33426 to build a pool or make
any other improvement to their property.
Sincerely,
Faby Morels
July 25, 2007
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To: City of Boynton Beach
Planning & Zoning Division
From: Mark & Rolli Brisson
2514 SW 12th Street
Boynton Beach, FL 33426
Subject: Request for Variance to build pool & patio
Please review and grant our request for variances to build a pool
and patio.
We are requesting the pool be built to 2' of our property line and
the patio to go to the property line. We will maintain the side set
backs. There is 15' between our property line and our sea wall
which we maintain and is of no use to the City.
Due to the size of the lot we would not be able to build and pool.
We feel this will greatly enhance the property and community
without disturbing any neighbors.
Thank you in advance for this variance.
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Rolli Brisson
Florida Department of Rever
EX501FL
Original Application for Ad Valorem Tax Exemption
JUN-21-0715:49:10
County PALM BEACH Tax Year 2008
Property Id: 08-43-45-32-03-019-0230
Applicant Name and Address:
BRISSON MARK &
2514 SW 12TH ST
BOYNTON BEACH FL 33426 7411
Co-applicant Name:BRISSON HOLL!
Legal Description:
GOLF VIEW HARBOUR 2ND SEe LOT 23 BLK 19
_Phone: 121::4844364
Marital status: 0 Single 00 Married 0 WidOW 0 Divorced OWidower
Are you or your spouse receiving tax benefits in another county, state,
or Country? (i.e. Homestead, school tax relief, tax rebate, rollback,
lottery credit, etc.)
_Yes lL No If Yes,Where?
Your last year's address: Own X Rent Other
8501 SUGAR PALM CT
ORLANDO FL 32833
Case
New X
830526
Clerk
MHILL
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$25,000 Homestead exemption *(see additional information)
$500 Widow's exemption
$500 Widower's exemption
$500 Disability exemption
$500 Blind persons exemption
$5000 Disabled Veteran exemption
Total and permanent disability exemption - Quadriplegics
(Documentation required)
ServiCe connected totai and permanent discibility exemption
(Documentation required)
Exemption for disabled veterans confined to wheelchairs
(Documentation required)
Total and permanent disability exemption
(Documentation required)
. If you wish to apply for an additional homestead exemption enacted
by local ordinance for peISOnS age 65 and older you must file form
DR-501SC. However, you must either receive, or apply for, the
regular homestead to get the 65 and older additional homestead
exemption. If you have already received regular homestead
exemption, you do not need to file another form DR-501.
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Do you or your spouse own property anywhere other than Florida? . ..........
Yes X No If yes Where? fz::t:.
Do you or your spouse h~ve an out of state drivers licence or vehicle tag? j Percent of ownership
_ Yes~No If yes, Where? I Recorded: Book _ 21598 Page 489
Did you file tax exemptions last year? Yes X No ! Date recorded m _ 06::.P..PR-2007 Date of deed 02-APR-20071
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Date you last became a permanent 31-0CT-1954 01-JUL-1993 I
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resident of Florida I
Date of occupancy , 02-APR-2007 02-APR-2oo7 i
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I B625-550-54-391-O B625-336-61-793-0 I
Florida driver license number I 03-0CT -2002 COate} 11-MAY-2006 (Date)
Florida vehicle tag number 183TUH ABP9G I
I
Florida voter registration number !
REG REG i
(if U.S. citizen) (Date) (Date) i
,
Immigration number
(Alien Card - ifnot a U.S. citizen) lOatel lOatel
Declaration of domicile Res. date Res. date
Date of birth 31-OCT-1954 03-AUG-1961 < --_.,~..._._"""-
Current employer NONE r~ ,.~ r;;-'.~'--~i-~---r
10 I.') Y' Ie ;' ~ I,. i
8501 SUGAR PALM CT 8501 SUGAR PALM CT W I .At -;-5-2007 . I
Address listed on your last IRS retum ORLANDO FL 32833 ORLANDO FL 32833
Social Security Number 266-23-0550 263-45-7230 L i
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ISlg",- PLANNii'JG AND
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Give address of each owner not residing on
i property-
)lBRISSON MARK &
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I hereby authorize this agency to obtain information necessary to detem1ine my eligibility for the exemption(s) applied for. NOTE: If all infonnation Is not received by March
1st, your application WIll be prt)CeSSedfor Whatever exemptions you qualify for on that date. I heRlby make application for the exemptions indicated and affinn
that I do qualify for same under Florida Statutes. I am a permanent resident of the State of Florida and I own and OCCUpy the property described above. I understand that section
196.131 (2). Florida Statutes provides that any person who knowingly and willfully gives false information for the purpose of daiming homestead exemption is guilty of a misdemeanor
of the first degree, punishable by Ii tenn of impriSOnment not &x<<;eeding 1 year or a fine not exceeding $5,000 or both. Further, under penalties of peljury, I declare that I have read the
foregoing application and the facts in it are true. PRINT LOC: NORTH COUNTY
TO:
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
FROM:
MARK BRISSON AND HOLLI BRISSON
RE:
2514 S.W. 12th Street, Boynton Beach, FL;
Amended 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 as it
was dedicated for public use when the land was platted. 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.
In addition, the fact that the property is located on the lake provides a significant
buffer (approximately 100 feet) to the closest neighbor behind the property.
B. The foregoing conditions were not created by the applicant. Rather, such
conditions were created when the land was platted in the 1960's. In addition, the
"separation" between the subject property and the nearest neighbor (across the
lake) will far exceed the typical separation provided by zoning setbacks. The
purpose of the rear setback requirements in the zoning code is to ensure a sense
of privacy between neighbors. The separation requested herein certainly gives a
significant amount of privacy to the neighbors.
C. It is the applicants' understanding that nearly 25% of the parcels in the Plat of
Golfview Harbour, Section 2, have been granted variance approvals for rear
setbacks, the majority of which were located on the water. Therefore, the
approval of this variance would not confer any special privilege that has not been
granted to others. Denial of the request could potentially deprive the applicants
of rights enjoyed by some of the neighbors in the same zoning district.
In addition, 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 the applicants.
D. Literal interpretation of the code would deprive the applicants 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. Applicants are requesting a variance
only with regard to the rear setback and not with regard to side setbacks which
are in compliance despite have a "pie shaped" lot.
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. Applicants
are proposing to install a pool that is 13 feet by 30 feet, which is in their opinion is
smaller than a standard size pool. The spa structure connected to the pool is 5
feet from the building structure. Locating the pool any closer to the house would
require an extensive amount of additional work and expense including but not
limited to: engineering, shoring of the foundation, soil boring, additional rebar,
and thicker pool walls.
In addition, the elevation change between the finish floor and the seawall is
approximately 5 feet. Additional steps will be required leading from the house to
the patio. Locating the pool further away from these steps minimizes any safety
hazards resulting from the proximity of the steps to the pool.
The applicants have modified their plans on several occasions to minimize the
variance request and maintain a reasonable use of the property.
F. The granting of the variance will be in harmony with the neighborhood. Other
homes in the neighborhood have pools in similar locations. It is our
understanding that similar variance requests have been granted. Our immediate
neighbors have no objections to the installation of the pool and patio as
evidenced by letters included with the application. As previously stated, the main
purpose of the rear setback requirements is to create a buffer between adjacent
properties. In this instance, due to the intervening lake, the "separation" required
by the code has been greatly surpassed. Therefore, the granting of the variance
would have little or no impact on the neighborhood.
G. N/A