LEGAL APPROVAL
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
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
September 27,2007
Philip & Dorothy Di Nizo
655 Riviera Drive
Boynton Beach, Florida 33435
Re:
For:
File No.:
Location:
Zoning Code Variance Request
Shed Variance
ZNCV 07-005
444 SW ih Court
Dear Mr. and Mrs. Di Nizo:
Enclosed is the City of Boynton Beach Development Order for application item ZNCV 07-005 which
represents approval for relief from the City of Boynton Beach Land Development Regulations, Chapter 2,
Zoning, Section 4.B.1Iimiting an accessory building to the side (interior) or rear yard, to allow an existing
accessory building to be located in the side corner yard adjacent to the street, and Chapter 2, Zoning,
Section D.2.b., requiring a side corner building setback of 12.5 feet (not less than one-half of the 25-foot
front yard setback), to allow a 7-foot variance, and a side corner building setback of 5.5 feet for an
existing accessory building on property in the R-1-A zoning district. The City Commission approved this
variance on September 18, 2007.
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,
"...-,
~l!~
Michael W. Rumpf
Director of Planning & Zoning
MWR:jdc
Attachment: Development Order wjConditions of Approval
S:\Planning\SHARED\WP\PROJECTS\444 sw 7th Court\Shed 07-005\Approval Letter.doc
DEVELOPME ~ ORDER OF THE CITY COMMIS' lN OF THE
CiTY OF BOYNTON BEACH, FLORIDA
Development
P&Z
Building
Engineering
Oce. License
Deputy City Clerk
PROJECT NAME:
444 SW 7th Court (Di Nizo Shed Variance)
Philip and Dorothy Di Nizo
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
655 Riviera Drive, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 18, 2007
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 4.B.1., limiting an accessory
building to the side (interior) or rear yard, to allow an existing
accessory building to be located in the side corner yard adjacent to the
street, and Chapter 2, Zoning, Section D.2.b., requiring a side corner
building setback of 12.5 feet (not less and one-half the 25 foot front
yard setback), to allow a 7-foot variance, and a side corner building
setback of 5.5 feet for an existing accessory building on property in the
R-1-A zoning district.
LOCATION OF PROPERTY: 444 SW ih Court, Boynton Beach, FL I Lot 17 Fern Ridge Subdivision
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came 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:
DATED:
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
/HAS
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 "E" with notation "Included".
4.
The Applic911t'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.
6.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
7.
Other:
9-~I-07
S:\Planning\SHARED\WP\PROJECTS\444 SW 7th Court\Shed ZNCV 07-005\DO.doc
EXHIBIT "E"
Conditions of Approval
Project name: 444 SW 7th Ct / Di Nizo Shed Variance
File number: ZNCV 07-005
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
Conditions of Approval
P 2 f2
age 0
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. ~ I I I
S:\Planning\SHARED\WP\PROJECTS\444 SW 7th Ct\Shed 07-005\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
EXHIBIT "D"
Applicant's Justification for Requested Shed Variance
(Response to Criteria A-G)
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.
As far as I know there are no special conditions or circumstances.
B. That the special conditions and circumstances do not result from the actions of the applicant.
As far as I know there are no special conditions or circumstances.
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.
No.
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.
I am sure there are other sheds in the same zoning district.
E. That the variance granted is the minimum variance that will make possible the reasonable use
of the land, building, or structure.
The variance is of minimum and the shed is on our property.
F. That the grant 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 shed is within our fence and is not detrimental to any 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.
This criterion does not apply as the variance request is for a shed, not lot area or frontage
requirements.
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Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 28, 2007
Chair Wische read the application.
Kathleen Zeitler, Planner, reviewed the request as presented in the staff report. She
summarized the background and advised adjacent property owners would not be impacted.
Staff believed there was a hardship and supported the variance request.
Chair Wische asked for public hearing.
No one coming forward, Chair Wische closed the public hearing.
The board asked if the hardship was created from a pre-existing condition. Ms. Zeitler
explained the Code changed in June 2005 and that was when the hardship arose. There
was discussion when the fence was placed. Staff had received conflicting information; the
applicant advised they were living at the location for 30 years and the record showed they
were there since 2005.
Dorothy Di Nizo, 655 Riviera Drive, advised she has lived at 655 Riviera Drive for 30 years.
She purchased the house on 4/4/04. Her son now resides at the home. The previous
owners put the fence up and they thought the fence came with the house. It was noted
there were other fences in the area.
Motion
Ms. Jaskiewicz moved to approve the request for relief from the City of Boynton Beach
Land Development Regulations, Chapter 2, Zoning, Section 4,).1, limiting maximum fence
height to four (4) feet along both road frontages on a corner lot when the fence is located
in front of the building line, to allow a 2-foot variance, and a six (6) foot high fence on
property zoned R-1-A Single-family residential. Mr. Casaine seconded the motion that
unanimously passed.
Item .7..A.2, was heard out of order.
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
444 SW 7TH Court (Di Nizo - accessory
building) (ZNCV 07-005)
Philip and Dorothy Di Nizo
Philip and Dorothy Di Nizo
444 SW 7th Court
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section
4.B.1., limiting an accessory building to the side
(interior) or rear yard, to allow an existing accessory
building to be located in th.:: side corner yard adjacent
2. PROJECT:
3
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 28, 2007
to the street; and,
Request for relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section
D.2.b., requiring a minimum side corner building
setback of 12.5 feet (not less than one-half the 25 foot
front yard setback), to allow a 7-foot variance, and a
side corner building setback of 5.5 feet for an existing
accessory building on property zoned R-l-A Single-
family residential.
Chair Wische presented the application. He elaborated the variance request could be
avoided contingent upon moving the shed, and staff was recommending denial of the
request.
lody Di Nizo, 655 Riviera Drive, was present.
Ms. Zeitler explained the shed was placed along the west property line, even to the house.
She noted accessory structures should be incidental and unobtrusive. There were no
permits and inspections obtained, nor was there a permanent foundation. She explained
there was an area onsite on the SE corner of the property where it could have been placed,
so there was no hardship; it was self-induced and staff recommended denial.
Ms. Oi Nizo explained they paid Pro-Built to install the shed. She explained they presumed
the installer obtained the permit, and they did apply for one recently after the fact. She pled
guilty to the permit and advised they would move the shed if they had to.
Chair Wische asked for public hearing.
No one coming forward, Chair Wische closed the publiC hearing.
Staff was concerned the shed would set a precedence and there were no other cases where
there was an accessory structure for the side yard. Ms. Zeitler pointed out where the shed
could be moved to and it was further noted the Department of Community Affairs (DCA), in
correspondence provided to the installer, clearly indicated ail site related instailation issues
were subject to local jurisdiction. The board clearly agreed the installer 5hould be pursued
to rectify the matter.
Ms. Zeitler advised the surrounding property owners were notified of this hearing. A phone
call in opposition to the request was received by staff, wherein the ca!!er advised the
applicant was a swimming pool contractor and well aware ti:e City had permit requirements.
4
Meeting Minutes
Planning and Development Board
Boynton Beach, Florida
August 28, 2007
Ms. Di Nizo responded they serviced swimming pools, -not install them and she took
exception to staff accepting the word of a caller as opposed to a written letter. Vice Chair
Hay assured Ms. Di Nizo as did the other applicants, their decision was not based on a phone
call, but rather on the other issues involved.
Motion
Mr. Saberson moved to support the staff recommendation to deny the request. Vice Chair
Hay seconded the motion that unanimously passed.
B. St. Therese of Liseux Early Learning Center (Heard out of Order)
Conditional Use
1. PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
St. Therese of Liseux Early Learning Center
(CaUS 07-002) Dr. Ka Hock Go
Everett H. Jenner
Dr. Ka Hock Go
3452 W. Boynton Beach Boulevard
Request conditional use / major site plan modification
approval to allow conversion of 7,098 square feet of an
existing 13,170 square foot office building for a daycare
use, on a 2.04-acre parcel in the C-1 zoning district.
Chair Wische reviewed the application and explained there were 15 conditions of approval.
He asked the applicant whether he was in agreement with those conditions.
Everett Jenner, agreed with the conditions of approval.
Gabriel Weubben, Planner, summarized the background and advised staff reviewed the
use and found no detrimental affects to the surrounding neighborhood. He ex~lained
Palm Beach County found this in compiianc~ and noted there was adequate parking. Staff
was supporting the project subject to the conditions of approval.
Chair W;sche opened the public hearing.
No one c )ming forward, Chair '. Vische clo:':2d < he pi !biic hearing.
The board noted the Americans with Oisabilitie: Act d' { not h;:we fixed regulations and
asked if he was gear:ng the interior t~cilities to {oung chilC:ren. Mi". Jenner rc;~onded
they were.
Further discussion ensued regarding the approtJriateness of recommending a conditional
5