REVIEW COMMENTS
7.A.l
NW 7TH COURT (HOMRICH)
(ZNCV 07-003)
ZONING CODE VARIANCE
TO:
THRU:
FROM:
DATE:
PROJECT NAME/NO:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 07-036
STAFF REPORT
Chair and Members
Planning & Development Board and City Commission
Michael W. RumPf~
Planning and Zoning Director
Kathleen Zeitler tz,
Planner
May 15, 2007
Homrich Variance - NW 7th Court / ZNCV 07-003
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.
Property Owner:
Applicant/Agent:
Location:
Acreage:
Proposed Use:
Zoning District:
Adjacent Uses:
North:
South:
East:
West:
PROJECT DESCRIPTION
Homrich Corporation
George Homrich, Homrich Construction
Lot 211 of the Laurel Hills Subdivision, 4th Addition
West side of NW ih Court, between NW 10th Avenue and NW 13th Avenue
6,965 square feet (0.16 acre)
Single-family residence
R-1-AA (Single-Family Residential)
A single-family residence, zoned R-1-AA;
A single-family residence, zoned R-1-AA;
Right of way for NW ih Court, and farther east, a single-family residence, zoned R-
1-A; and
A single-family residence, zoned R-1-AA.
Staff Report
Memorandum No PZ-07-036
Page 2
BACKGROUND
The subject property is currently an undeveloped lot located on the west side of NW ih Court, between NW
10th Avenue and NW 13th Avenue, in Laurel Hills, 4th Addition (see Location Map - Exhibit "A"). The
subdivision, zoned R-l-AA, was platted in 1951, with the vast majority of the lots having a width of 50 feet.
The lot boundaries within this subdivision have been "shifted" over time where some parcels have been
combined to include 100 feet of lot frontage, creating parcels in excess of the minimum lot area requirements
for the R-l-AA zoning district of 7,500 square feet for lots platted prior to 1975. All lots adjacent to the
subject property have been developed.
The subject parcel (Lot 211) is an original lot, unchanged, thus maintaining its platted 50 foot frontage, and
approximately 6,965 square foot total lot area. The applicant is requesting a variance to the minimum lot
frontage of 60 feet required for a valid non-conforming lot in the R-l-AA district under the requirements of
Chapter 2, Zoning, Section 11.1.C.3. of the Land Development Regulations. In order to construct a one-story
single-family dwelling of approximately 1,710 square feet of living area on the platted lot with 50 feet of lot
frontage, a variance of ten (10) feet is necessary. Based upon the applicant's proposal (see Exhibit "B"), the
subject property would comply with the other building and site regulations for the R-l-AA district per Ch. 2,
Section 5.C., such as building setbacks and maximum height, minimum living area, and maximum lot
coverage. The subject property would also comply with the minimum lot area requirement for nonconforming
lots within the R-l-AA zoning district per Ch. 2, Sec. 11.1.C.3. A comparison between minimum standards
and the proposed project is indicated below:
Rl-AA Minimum Requirements
Applicant's Proposal
. Lot area: 6,750 square feet*
· Lot frontage: 60 feet*
. Front setback: 25 feet
· Rear setback: 20 feet
· Side setbacks: 7.5 feet**
· Minimum living area: 1,600 sq. ft.
. Maximum lot coverage: 45%
. Maximum structure height: 30 feet
. Lot area: 6,965 square feet
. Lot frontage: 50 feet
. Front setback: 28 feet
. Rear setback: 38 feet
. Side setbacks: 7.5 feet
. Minimum living area: 1,710 sq. ft.
. Maximum lot coverage: less than 45%
. Maximum structure height: less than 30'
* per Sec. 11.1.C.3.(non-conforming lots in Rl-AA)
** per Sec.5.C.2.(Rl-AA lots platted prior to 1975)
ANALYSIS
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:
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
Staff Report
Memorandum No PZ-07-036
Page 3
The subject property is considered a non-conforming lot because it does not meet all of the current
minimum R-l-AA zoning district regulations for construction of a single-family residence. Section
11.1.C.3, Non-Conforming Lot regulations, allows a detached single-family dwelling to be constructed
on a non-conforming lot zoned R-l-AA, provided that Q)l of the following requirements are met: (1)
the parcel contains at least one whole platted lot; (2) the parcel has a frontage of not less than 60
feet, and a lot area of not less than 6,750 square feet; and (3) that it would not be possible to acquire
property from adjacent parcels without causing the adjacent parcels or structures thereon to become
non-conforming. The subject parcel complies with requirement #1, because it contains one (1) whole
platted lot (Lot 211). The applicant is unable to meet part of provision #2, due to the fact that the lot
only has 50 feet of frontage, as it was originally platted. Therefore, the applicant is seeking a
variance to the minimum lot frontage requirement, a reduction of 10 feet, in order to construct a
single-family home on a whole platted lot. Regarding requirement #3, the owner of the adjacent,
developed property to the north is not willing to sell a portion of his lot (see Exhibit "C'j. In addition,
the adjacent, developed property to the south is 50 feet wide, and would become more
nonconforming if a portion of the lot was acquired.
b. That the special conditions and circumstances do not result from the actions of the applicant
In 1975, the City adopted new zoning regulations, which caused many parcels to become legally non-
conforming, including those in the Laurel Hills Subdivision Plat. The Land Development Regulations
set forth the minimum requirements for the development of a lot. The typical lots were originally
platted with 50 foot frontage. The lot in question (Lot 211) is a whole platted lot, like others already
developed within the subdivision.
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 majority of the subdivision is developed with single family homes. Several lots have been
developed as originally platted with 50 feet of lot frontage (see lots with * indicated on Exhibit "A"-
Location Map). The homes developed on this particular block are situated on parcels with lot
frontages ranging from 50, 100, to 150 feet. As noted above, the applicant is requesting to build on a
parcel with 50 foot fontage. The fact that at least ten (10) homes in the neighborhood are
constructed on the originally platted, 50-foot wide lots, appears to indicate that no special privilege
would be granted to the applicant by the issuance of 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
The Laurel Hills subdivision contains many substandard parcels when compared to current
regulations. The subject property has 50 feet of platted lot frontage and more than the minimum lot
area for a non-conforming lot in the Rl-AA zoning district, but the current regulations require 60 feet
of frontage. Literal interpretation of this criteria would deprive the applicant the right to develop the
property as platted and leave a vacant lot where the construction of a home could present a finished
appearance to the block.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
Staff Report
Memorandum No PZ-07-036
Page 4
The proposed single-family dwelling will comply with all other R-l-AA requirements such as setbacks,
minimum living area, maximum lot coverage, and building height. The subject property is of sufficient
size to proVide a home comparable to others within the neighborhood. Without the requested
variance, the applicant will not have reasonable use of the land.
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 Laurel Hills subdivision includes many substandard lots by current regulations. The establishment
of the non-conforming lot provisions clearly dictates a substandard development regulation, below
standards being constructed in newer subdivisions. Approval of the subject variance would not
represent a further reduction in the minimum development standards within this neighborhood, and
will provide a positive contribution to the economic value of the area and tax base for the city.
Additionally, the applicant proposes to construct a one-story single-family residence with 1,710 square
feet of living area, while meeting all required setbacks. Neighboring homes (on 50 foot wide lots as
originally platted) range in size from 1,268 square feet to 2,126 square feet.
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.
The property on the south side of the applicant's parcel has 50 feet of lot frontage as originally platted
and is already developed. Any reduction to that lot would make it more non-conforming. The
abutting property to the north has approximately 150 feet of lot frontage; however, it is a corner lot
and is developed. Records indicate Max Genest is the adjacent property owner to the north of the
subject property. The applicant's justification indicates no adjacent lots can be sold to increase the
size of the subject property, and included a letter from Mr. Genest which states that he is not willing
to sell a portion of his side yard (see Exhibit "C'j.
RECOMMENDATION
Staff recommends approval of the requested variance based on findings of hardship. Staff concurs with the
applicant that special conditions and circumstances exist that are not the result of actions by the applicant.
This request will not be injurious or detrimental to the area, and the variances requested are the minimum
necessary to make possible the reasonable use of the land. The construction of a modern single-family home
on the subject lot, representing reasonable use of the land, can be accommodated and still meet all of the
minimum development regulations for the Rl-AA zoning district and be compatable with the neighborhood.
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 "D" - Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Homrich Variance - NW 7'" Ct\ZNCV 07-003\Staff Report.doc
13TH
EXt..~bit "A" - NW 7th vi.
Location Map
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LOT 211
SINGLE FAMILY RESIDENCE
FINISH FLOOR 19.10
SITE PLAN
CONC. PATIO
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LOT 184
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EXHIBIT "B"
EXHIBIT "e"
Response to Variance Application questions
A. The special condition pertaining to this property is that it was
originally designed and platted to be the size it currently is. It was
unfortunately re-zoned and included with larger properties to the
west. The neighborhood is predominately built out on 50" lots.
B. The lot has never been altered in size nor shape. I, nor
previous property owners, have ever sold off any portion of the lot.
It was the city's actions that made this variance needed.
C. By granting this variance, the city will allow a new single
family home to be built on a lot that was originally designed for it,
just like other houses in the neighborhood.
D. The literal interpretation of the code deprives of me of the right
to build a home on this lot. Without the variance, the lot is simply
vacant and of little value.
E. This variance is the minimum allowance needed to make
reasonable use of the land. There are no extra allowances beyond
what is basically needed to build a house.
F. The granting of this variance will be harmony with the
surrounding houses. The house we intend to build will in keeping
with the current look, size, character and use of surrounding homes.
The house will be a 1 story with 1 71 0 square feet of living area,
similar to the house beside it.
G. The adjacent properties have already been built upon. No
adjacent lots can be sold to increase the size of the overall property.
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EXHIBIT "e"
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PLANNING AND
ZONING DEPT
Concerning neighboring properties on 7th Court in Laurel Hills
I, Max Genest, have been approached by George Homrich and I am not
willing to sell a portion of my side yard.
Property Owner to North
1301 NW 7th Court (Lots 208-210)
EXHIBIT "D"
Conditions of Approval
Project name: NW 7th CourtlHomrich Variance
File number: ZNCV 07-003
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
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
To be determined,
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:IPlanningISHARED\WPIPROJECTSINW 7th Court (Homrich)ICOA.doc