REVIEW COMMENTS
7.A.2
444 SW 7TH COURT (Di Nizo - accessory
building) (ZNCV 07-005)
ZONING CODE VARIANCE
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-083
STAFF REPORT
TO:
Chair and Members
Planning and Devel~~t Board and City Commission
Michael W. Rump~
Planning and Zoning Director
THRU:
FROM:
Kathleen Zeitler tz-
Planner
DATE:
August 21, 2007
444 SW ih Ct (Di Nizo) Variance / ZNCV 07-005 Shed Location / Setback
PROJECT NAME/NO:
REQUESTS:
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.
Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section D.2.b., requiring a 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.
PROJECT DESCRIPTION
Property Owner: Philip and Dorothy Di Nizo
Applicant/Agent: Philip and Dorothy Di Nizo
Location: 444 SW 7th Court
Existing Land Use/Zoning: Low Density Residential (LDR)/ R-1-A
Proposed Land Use/Zoning: No changes are proposed
Proposed Use: Accessory storage shed for single-family residence
Acreage: 0.21 Acre (9,172 square feet)
Adjacent Uses:
North:
SW ih Court right-of-way, and farther north, a single-family residence zoned R-1-A;
South:
A single-family residence zoned R-1-A;
Staff Report
Memorandum No PZ-07-083
Page 2
East: A single-family residence zoned R-1-A; and
West: SW 4th Street right-of-way, and farther west Interstate 95 right-of-way.
BACKGROUND
The subject property is generally located south of Boynton Beach Boulevard, adjacent to and east of 1-95 (see
Location Map - Exhibit "A"). The address of the subject property is 444 SW ih Court (Lot 17 of Fern Ridge
Subdivision), and consists of a corner lot located at the southeast corner of SW 7th Court and SW 4th Street.
The subject property is zoned R-1-A, Single-family Residential. The lot is currently developed with a single-
family residence that generally conforms with the R-1-A zoning district requirements.
Since the subject property is a corner lot, for setback purposes, each property line adjacent to a street is
considered to be lot frontage. Lot Frontage is defined in the Land Development Regulations as "the property
line adjacent to a public or private street; it is also the front property line". Typically, a corner lot has a front
setback and a side-corner setback from property lines adjacent to each street. Due to the orientation of the
residence, the north property line (along SW ih Court) is the front, and the west property line (along SW 4th
Street) is the side-corner. In addition, the east property line is the side-interior, and the south property line is
the rear.
The subject property has an existing accessory building (storage shed) that was recently erected without a
building permit and inspection, and is therefore under code enforcement action. The shed is ten (10) feet by
ten (10) feet and has a pitched roof nine (9) feet in height. The shed is located between the residence and
the side street within the fenced side-corner yard (see Exhibit "B" - Site Plan).
An accessory building is defined in the Land Development Regulations as a detached, subordinate building,
the use of which is clearly incidential and related to that of the principal building. The location of an
accessory building should be unobtrusive in relation to the principal building, and is customarily placed behind
the residence and screened from view of neighboring properties.
Chapter 2, Zoning, Section 4.B.1. states that "all accessory buildings shall be located only in the side or rear
yard". This provision has consistently been interpreted by staff to mean the interior sides of a lot, and strictly
excluding the side of a corner lot adjacent to a street (lot frontage ad defined above). The location of the
shed is within the lot frontage adjacent to SW 4th Street. The applicant is requesting a variance to this
provision to allow the shed to remain in its existing location.
Chapter 2, Zoning, Section D.2.b., regulations for the R-1-A zoning district, requires a building setback of 12.5
feet on the side of a corner lot adjacent to a street (side-corner yard). The applicant has erected a shed
without a building permit and located the shed 5.5 feet from the side-corner (west) property line adjacent to
SW 4th Street. Therefore, the applicant is requesting a seven (7)-foot variance to the sid- corner building
setback of 12.5 feet.
If the applicants had checked the City's regulations for accessory structures or applied for a building permit
for the shed, they would have been informed of the proper location and minimum setbacks. Chapter 2,
Zoning, Section 4.B.2. states that "detached storage structures not exceeding 100 square feet in floor area or
nine (9) feet in height at peak of sloped roof, may be erected to a point at least three (3) feet from the side
property line and/or at least three (3) feet from the rear property line providing no easement rights are
abridged". The shed can be relocated to the southeast corner of the lot and comply with these regulations
without the need for a variance.
Staff Report
Memorandum No PZ-07-083
Page 3
ANALYSIS
Staff has reviewed the requested variance focusing on the applicant's response to the following criteria a - g
below (see Exhibit "D" - Applicant's Justification). The code states that the zoning code variance cannot be
approved unless the board finds the following:
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
Special conditions do not exist which are peculiar to the location of the subject property. The subject
property is a typical corner lot which can accommodate an accessory structure without the need for a
variance.
b. That the special conditions and circumstances do not result from the actions of the applicant
The circumstances surrounding the requested variance are a result from the actions of the applicant, who
erected the building without reviewing the City's regulations or applying for a building permit. Therefore, the
situation was created by the property owners.
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.
The granting of the requested variance will confer a special privilege upon the applicant. No other corner lots
in the area have accessory structures located within the side corner yard, and within five (5) feet of the
adjacent right of way. The applicant can relocate the shed to the southeast corner of the lot (noted as
garden area on site plan), and relocate the garden area to another location. By locating the shed a minimum
of three (3) feet from the east (side interior) property line and a minimum of six (6) feet from the south
(rear) property line (to avoid encroaching into the utility easement), the shed could comply with the City's
regulations without the need for the requested variance.
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.
Literal interpretation of the provisions of the ordinance would not deprive the applicants of any rights
commonly enjoyed by other properties in the same zoning district. Relocating an accessory structure that
was erected without a permit would not bring about unnecessary and undue hardship on the applicant. The
100 square foot shed does not have a permanent foundation and can be relocated to the other side of the
yard where there is an existing gate.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
Reasonable use of the land and building can be achieved without the need for the requested variance. As
indicated above, there are alternative locations on the property where the structure can be located. Clearly,
approval of this variance request could be construed as condoning the construction of improvements without
proper permits and inspections, and asking for forgiveness after the fact.
Staff Report
Memorandum No PZ-07-083
Page 4
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.
Granting the variance would not meet the intent of the ordinance, and would set a precedent for others to
follow, and could be injurious or detrimental to the public welfare if located so close to a right-of-way. In its
current location, the shed, which is an accessory structure and should be subordinate, is instead highly visible
from both adjacent streets, therefore detracting from the principal structure (residence). It is common
among most jurisdictions for codes to restrict accessory buildings from locating in the front yard or closer to
the road than the principal structure, and typically corner lots must maintain building setbacks to both streets.
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.
Criterion "g" does not apply as the variance request is for shed location and setback, not lot area or frontage
requirements.
RECOMMENDATION
Nearly all variances would likely be denied if based solely on meeting all criteria for determining hardship as
stated in the Land Development Regulations, Chapter 1.5, Section 4.1. However, a hardship clearly does not
exist in this case, and the situation was created by the applicant. The variance request could be avoided by
relocating the shed to the southeast corner of the lot, where it could comply with all lot restrictions without
the need for a variance. Therefore, based upon these findings, staff recommends that this request be
denied.
No conditions of approval are recommended; however, any conditions of approval added by the Planning &
Development Board or the City Commission will be placed in Exhibit "E" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\444 SW 7'" Ct\Staff Report Di Nizo ZNCV 07-00S.doc
Exhiblt "A" - Site LocatioifMap
444 SW 7th Ct
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ONE STORY
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S!lRYE:y tIOTES.
1> TIllS SURVEY IS NOT TO DE USED fOR CONSTRUCTlDN DR DESIGN PURPOSES.
2) Lnnds shown hereon wer, not nbstrncted by this office for eOSl!Ments.
rlght-or-wnys, or other InstruMents of record.
3) No underground IMproveMents loented unless shown.
4) All benrlngs nnd dlstnnces shown hereon nre plllt Ilncl Mellsured unless
otherwise noted.
5) Unless It bellrs the slgnQture ond the orlglnlll rlllsed selll of Il rtorlda
licenses surveyor and MQPper, thIs Mllp/report 15 For InForMatIonal purposes
only and Is not volld.
6) This firMs 'CertlFlcllte 0' Authorization' nUMber 15 'lD 6838'.
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EXHmr "''C'' - LETTER FROM APPLICANT
Page 1 of2
Shed:
Addressing the Planning and Zoning Board:
Boynton Beach Flm
Philip T. Di Nizo
655 Riviera Drive
Boynton Beach, Fl. 33435
To Whom It May Concern
Unfortunately when we purchased the shed along with the installation by the
company ( Pro build Inc.) we were never informed nor given any paper work
to present to the city by Pro Built Inc. informing us we needed to apply for a
permit. Had we have known that certainly would have been done.
We have resided here in Boynton at this address for 30 years this coming
December. Every thing we have ever done has been according to all city
codes and we certainly are not looking for problems over a simple shed.
We had no idea it was our responsibility until we were issued a violation. In
the past it has always been our impression anyone doing installation of any
kind, it was always up to the installer to apply for what was needed. One
would think it was up to Pro Built Inc. to apply for the permit.
The shed was installed by their workers and was anchored to the ground and
secured against hurricanes of which we insisted on, for everyone's safety.
We ourselves picked up the prints and met with Scott Blasie and a code
zoning officer at the property site and were reassured we had met all the
requirements as to where the shed was installed and just needed to get a
permit, which we are more than willing to do.
Please check with Scott.
-'.-.-----. -_._--_.._.~, ----".-..-.-
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UU Jl 3 I 2007
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PLM~rmiG Af~D I
ZONING DEPT J
Page 2 of2
We would much appreciate your evaluation of this situation which has been
going on since October 2006.
Thanking you in advance:
4::~C(-
~~die l;:ht Di~o
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'~IBIT "C-l" - COVER LETTER!
~ED SPECS FROM APPLICANT
STATE OF FLORIDA
DiEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida 8 better place to call home"
JEB BUSH i
Governor
THADDEUS L. COHEN, AlA
Secretary
October ~ 7,2005
Mr. Paul W. Dickert
ProBuilt, Inc.
6210 N 124th Place
Gainsvill , FL 32653
RE:
anufacturer Renewal Certification, TD MFT -1566 - - Expiration Date: November 7, 2008
It is my leasure to infoi' you that ProBuilt, Inc., located at 6210 NW 124th Place, FL 32653 has been approved
under th Manufactured uildings Program, as provided fOT under Chapter 553, Part I, Florida Statutes, for th~
manufac e of Storage I l)eds for installation in Florida.
Design a d production $1:?e buildings mu~ be approved for c?mpli~ce with the c?rTent Florida Bui~ding Code
(PBC) b your selected ird Party Agency before manufactunng begms. Your ThIrd Party Agency IS a contractor
to the De artment and h statutory authority and responsibilities that they must comply with to maintain their
approved status. Expect !a.nd demand quality plans review and inspections.
Each FB change will ~ake your plans obsolete until they have been reviewed, approved and so indicated [on the
cover pa e of the plans] for compliance with the FBC by your Third Party Agency for plans review. Please ensure
that your plans are in cO$pliance and properly posted on our website to avoid embarrassing work stoppages in the
pepnittin process. All site related installation issues are subject to the local authority having jurisdiction.
U*annou ced monitoring visits by the Department's contractor will be made at least annually. Complete access to
y$r m facturing facility and records is mandatory to remain compliant with the rules and regulations of this
program.
Please vi it our website at www.floridabuilding.orgto see valuable information on the Florida Manufactured
B~ilding Program. A copy of this letter must accompany applications for local building permits:.
~~
~
~~hael . Ashworth
Mrufac red Buildings Program Manager
C~: NDI, Dalmy Kennemur
! . . . .
i
HUM. A R D 0 A K B 0 U LEV A RD. TAL L A HAS SEE, F LOR IDA 3 2 3 9 9 -2 1 0 0
ne:850.,488.8466/Suncom 278.8466 FAX: 850.921.0781/Suncom 291.0781
, Internet address: hltO:/Iwww.dca.state.fl.us
CRI~ CAL STA CONCE~N FIELD OFFIce
2796 Ovet'S98S Highway. Suite 212
~on. FL 060-2227
(~ 281l-2402
COMMUNITY PLANNING
2555 Shumard Oak Boulevard
Tallahassee. Fl32399-2100
(850) 488-2356
eMERGENCY MANAGEMENT
2555 Shumard Oak Boulevard
TaIlllh8s8ee, Fl32399-2100
(850) 413-9Il69
HOUSING & COMMUNITY DEVELOPMENT
2555 Shumard Oak Boulevard
TaIlah8!lSae. Fl 32399-2100
(850) 488-7956
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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.
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
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
P 2 f2
age 0
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I To be determined. I I I
S:\Planning\SHARED\WP\PROJECTS\444 SW 7ili Ct\Shed 07-005\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc