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
July 30, 2007
www.boynton-beach.org
Mr. George Homrich
2706 SW 8th Street
Boynton Beach, FL 33435
Re:
For:
File No.:
Location:
Dear Mr. Homrich:
Zoning Code Variance Request
Setbacks
ZNCV 07-003
NW ih Court - Lot 211 Laurel Hills 4th Addition
Enclosed is the City of Boynton Beach Development Order for application item ZNCV 07-003, which
represents approval for relief from the City of Boynton Beach Land Development Regulations Chapter 2,
Zoning, Section 11.1.C.3 requiring a minimum lot frontage of sixty feet (60') to allow a frontage of fifty
feet (50'), a variance of ten feet (10') within the R-1-AA single-family residential zoning district. The City
Commission approved this variance on June 19, 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.
~
Michael W. Rumpf
Director of Planning & Zoning
MWR:jdc
Enc: Development Order wjConditions of Approval
S:\Planning\SHARED\WP\PROJEcrS\NW 7th Court Variance\Approval Letter.doc
"
DEVELOPM""" 'T ORDER OF THE CITY COMMIf -'ON OF THE
C'IY OF BOYNTON BEAC
PROJECT NAME:
NW 7th Court (Homrich Vari
a2::~ W
Development
p&z
BUilding
Engineering
cc. LlcenB&
eputy City Clerk
APPLICANT'S AGENT:
George Homrich
APPLICANT'S ADDRESS:
2706 SW 8th Street, Boynton
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 19,2007
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 11.1.C.3., requiring a
minimum lot frontage of 60 feet, to allow a frontage of 50 feet, a
variance of 10 feet within the R-1-AA Single-family Residential zoning
district.
LOCATION OF PROPERTY: NW 7th Court, Boynton Beach, FL I Lot 211 Laurel Hills 4th Addition
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 App1ic911t
~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 "D" with notation "Included".
4.
The Applic9Jlt'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.
All further development on the property shall be made in accordance with the terms
and conditions of this order.
6.
7.
Other:
b -,9.9.- [) 7
~J:; '(f),
CIty Clerk
.
pu:t.u:u.it)
S'\Planning\SHARED\WP\PROJECTS\NW 7th Court (Homrich)\DO.doc
EXHIBIT "D"
Conditions of Approval
Project name: NW 7th CourtlHomrich Variance
File number: ZNCV 07-003
Reference:
I DEPARTMENTS I INCLUDE I REJECT t
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
Page? of2
-
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
--
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. Lftt~
S:\Planning\SHARED\WP\PROJECTS\NW 7th Coun (Homrich)\COA.doc
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--------------
LOT 1 84
Planning and Development Board
Meeting Minutes
Boynton Beach, Florida
May 22, 2007
a variance to be granted. Staff found a hardship existed as the parcel was platted as a 50-foot
lot and had remained as originally platted. Staff recommended approval with no conditions.
George Homrich, 2706 SW 8th Street, applicant, advised it was his intention to build a single-
family home, and he prOVided a picture of the model house. He previously built homes for the
Land Trust of Delray, and believed his neighbors were impressed with the home he proposed to
build.
Mr. Casaine inquired whether other 50-foot wide lots in that area had been developed.
Ms. Zeitler replied affirmatively, reiterating approximately ten homes in the neighborhood were
constructed on a 50-foot wide lot. Staff researched other variances in the area and did not find
any for lot width; therefore, it appeared these homes were built before a variance was required.
Mr. Casaine inquired whether the distance, which separated each lot, was uniform.
Ms. Zeitler replied the side setback was 7-1/2 feet and applied across the board to every lot.
Ms. Jaskiewicz noted the actual square-foot area exceeded the requirements; however, the 50-
foot width still exceeded the overall square foot requirements.
Vice Chair Hay noted a typographical error contained in the last line of paragraph "A" of Exhibit
C of applicant's response. The lot should be 50 feet, rather than 50 inches as indicated.
Applicant agreed.
Mr. Lis inquired whether the lot was platted of record prior to subsequent Code amendments
that changed the width of lots in this subdivision.
Ms. Zeitler replied staff did not find any other homes in the area that received variances for lot
widths. Those homes were most likely built before the Code changed to require 60 feet for lot
frontage.
Mr. Lis inquired as to the date of the Code change. Further, the lot was platted in 1951 at 50
feet and the Code was amended to require 60 feet. He wondered whether a 75-foot frontage
was currently required.
Ms. Zeitler responded it was platted at 50 feet in the 1920's. The 60-foot frontage requirement
for a non-conforming lot was established a few years ago; however, she was unaware of the
exact date.
Mr. Lis inquired whether there were homes situated on both sides of this lot.
Ms. Zeitler replied in the affirmative.
Mr. Lis inquired whether there would be any opportunity for this lot to be any wider than it
currently was.
3
..
Planning and Development Board
Meeting Minutes
Boynton Beach, Florida
May 22, 2007
Ms. Zeitler responded the lot to the south was on a 50-foot wide lot; the lot to the north
consisted of several lots put together and developed. The applicant approached the property
owner, and the property owner did not want to sell any of his land. The applicant currently
owns the property on which he wishes to build a house.
Mr. Blehar inquired of the applicant whether the garage was the most dominant figure observed
from the street.
Mr. Homrich replied the garage comprised approximately 20 feet; however, the entryway
softened the view.
Mr. Blehar inquired whether the applicant could bring out the recessed portion of the house.
Mr. Homrich responded he was dealing with a 25-foot setback and the recessed portion
created more depth to the yard. He discussed the issue of off-street parking and the
construction of a two-car garage.
Motion
Mr. Saberson moved to approve staff's recommendation for approval of the requested variance.
Mr. Casaine seconded the motion that passed unanimously.
B. Land Development Regulations Rewrite
Code Review
1.
Project:
Land Development Regulations (LDR) Rewrite
(CDRV 07-04) Use Matrix and Notes
City-initiated
Group 2 deliverable as indicated on the proposed LOR
Rewrite Work Schedule, including the Zoning Use Matrix
and corresponding Notes and Restrictions to ultimately
replace and enhance portions of the current LOR Part 3,
Chapter 2. Zoning, Sections 5 though 8.
Agent:
Description:
Mike Rumpf, Director of Planning and Zoning, brought before the board the second draft work
product on the LOR Rewrite project. The board previously reviewed the Parks report, draft
definitions and proposed work program. The board would review the Zoning Use Matrix,
corresponding Notes and Restrictions.
Mr. Rumpf advised the original objectives would continue to be furthered. Of the original
objectives, user-friendliness and maintaining a flexible and dynamic approach were most
addressed by the current work product.
The original objectives included preserving and utilizing work efforts; maximizing user-
friendliness; maintaining public involvement; using a dynamic approach in the rewrite effort;
and continuing to deliver optimal customer service.
4
~
.~
Planning and Development Board
Meeting Minutes
Boynton Beach, Florida
May 22, 2007
s. Communications and Announcements
A. Planning and Zoning Report
1. Final disposition of the April 24, 2007 Planning and Development Board
Meeting Agenda Items
Mike Rumpf, Planning & Zoning Director, reported the following items previously reviewed by
the board were approved by action of the City Commission:
(1) Progress report, proposed definitions and draft work schedule for the LOR Rewrite
(2) Site plan extension for major site plan modification for the Healing Heart Veterinary
Clinic
6. Old Business
None.
7. New Business
Assistant City Attorney Alexander administered the oath to all persons intending to testify.
A. NW 7th Court (Homrich)
ZoninG Code Variance
1.
Project:
Agent:
Owners:
Location:
NW 7th Court, Lot 211 (Homrich) (ZNCV 07-003)
George Homrich, Homrich Construction
Homrich Corporation
Lot 211 of the Laurel Hills subdivision, 4th addition, West
side of NW 7til Court, between NW 10til Avenue and NW
13th Avenue
Request for a relief from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section
11.1.C.3, requiring a minimum lot frontage of 60 feet, to
allow a frontage of 50 feet; a variance of 10 feet within
the R-1-AA Single-Family Residential zoning district.
Descri ption :
Vice Chair Hay read the request and noted staff comments.
Kathleen Zeitler, City Planner, advised the property was platted in the 1920's as a 50-foot wide
lot, in the same manner as the other lots in that subdivision, and had remained the same width.
At least ten homes in the neighborhood were constructed on the originally platted 50-foot wide
lots. The subject property was a non-confirming lot because of the width, and R-1-AA zoning
currently required a frontage of not less than 60 feet in order for the lot to be developed. The
applicant was proposing to build a 1,710 square-foot home similar in size to the other homes in
the area, which would meet setback, lot coverage, height and all other requirements, with the
exception of the width. Staff reviewed the variance request and believed it met the criteria for
2