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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 April 25, 2007 www.boynton-beach.org Mr. David Kish Sausalito Place Homeowners Association 200 Sausalito Circle Boynton Beach, FL 33436 Re: File No: Location: Dear Mr. Kish: Sausalito Groves MPMD 07-003 North side of Gateway Blvd. just west of Lawrence Rd. Enclosed is the Development Order granted by the City Commission on April 17, 2007, which represents approval of the Master Plan Modification to allow reduction in the rear yard setback for Right-of-Way lots from twenty-five (25) feet to fifteen (15) feet. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~~ Michael W. Rumpf Director of Planning & Zoning Enclosure - Development Order S:\Planning\SHARED\WP\PROJECTS\Sausalito Groves\MPMD 07 -003\Approval Letter.doc DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE C ' OF BOYNTON BEACH, FLORI[ PROJECT NAME: Sausalito Groves P.U.D. Development PIU Building Engineering Occ:. LI~n" Deputy City Clerk APPLICANT'S AGENT: Sausalito Place Homeowners Association, Inc. APPLICANT'S ADDRESS: 200 Sausalito Circle, Boynton Beach, FL 33436 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 17, 2007 TYPE OF RELIEF SOUGHT: Request for Master Plan Modification of the Sausalito Groves P.U.D. to reduce the rear yard setback of Lake lots from fifteen (15) feet to ten (10) feet and to reduce the rear yard setback for Right-of-Way lots from twenty five (25) feet to fifteen (15) feet. LOCATION OF PROPERTY: North side of Gateway Boulevard, just west of Lawrence Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came on 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: 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 V"" 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 "C" with notation "Included". 4. The Applicant's application for relief is hereby i/"" 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 DATED: t{-~D-D7 _~~ '17/1' P;a~v~i(, City Clerk S :\Plann ing\SHARED\WP\PROJECTS\Sausalito Groves\MPMD 07 -003\DO .doc EXHIBIT "D" Conditions of Approval Project name: Sausalito Groves P.U.D. File number: MPMD 07-003 Reference: DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- Solid Waste Comments: None X PUBLIC WORKS - Forestry & Grounds 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. Any proposed home additions shaIl occur within each individual property X owner's current property/lot lines, with absolutely no construction aIlowed to encroach into Homeowner Association property, Lake Maintenance Easements, Perimeter Landscape Buffers or Utility Easements. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: To be determined. Lflm..~ .- S :IPlanning\SHARED\ WPIPROJECTS\Sausalito Groves\MPMD 07 -003\COA.doc ... 'i. 1 in. = 429.3 feet Sausalito P.U.D. EXHIBIT A ::_)1!!!\1111tjq:"o;~,. ' ,.,,,,~-,..=;. ..."", ="..~~~ =,.. .?"....,;,~ ~ SAUSAUTO GROVES PUD =~.::.:...~ :l:l: ==:':::;~.:l\o " r "'-"'~_ ........ # =- '...d1t cn:v. OF BOYNTON BEACH, FLORIDA ~~ _ .~-~ ~ SItE,DEVELOP.IIE,Kr..~ s i a ii: .,. IU;n; ~ = niP n i! _ lis ~ lip ,'~. . 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FIoricia 33401 13051~ EXHIBIT "G" Sausalito Place Homeowners' Association, Inc. 200 Sausalito Circle Boynton Beach, FL 33436 JAN 3 I ?f1m \I i - i \__.~.~L_:".-- ;:1______.__ 18 January 2007 Boynton Beach Zoning Board, The Board of Directors of Sausalito Place petition the City of Boynton Beach Zoning Board to amend the set back criteria in the Sausalito Place community as follows: Master Plan Modification for lots designated as Right of Way Lots, reduce the rear set back from twenty five (25) feet to fifteen (15) feet. Lots designated as Lake Lots, reduce the rear set back from Fifteen (15) feet to ten (10) feet. These amended criteria will apply to the construction of house additions and lor screened enclosures with hard roofs. Further, prior to a permit being granted by the City of Boynton Beach the Sausalito Place Architectural Committee must first approve any such modification to any structure in the community. The decision of the Sausalito Place Homeowners' Association will be final. Sj?~eIY, _ _ J/' /? ~~ President Sausalito Place Homeowners' Association, Inc. Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 Ed Breese, Principal Planner, announced the disposition of the following items: ~ Jerry's Cigar Lounge - approved by the City Commission ~ Estates of Heritage Club - approved by the City Commission Mr. Breese announced the Annual Board Dinner was scheduled for April. He requested the members RSVP if they have not already done so. 6. Old Business None 7. New Business A. Southern Dance Theatre Site Plan TIme Extension 1. Project: Agent: Owner: Location: Description: Southern Dance Theatre (SPTE 07-004) Penni A. Greenly, Managing Director Southern Dance Theatre, Inc. 1203 Knuth Road Request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. Chair Wische read the request and indicated staff reviewed the item and recommended approval. Chair Wische opened the public hearing. No one coming forward, Chair Wische closed the public hearing. There were no comments from the board on this item. Motion Mr. Cwynar moved approval of the request for a one (1) year site plan time extension approval (NWSP 06-001) granted on March 21, 2006, from March 21, 2007 to March 21, 2008. Ms. Jaskiewicz seconded the motion that unanimously passed. B. Sausalito Groves Master Plan Modification 1. Project: Agent: Owner: Location: Sausalito Groves (MPMD-07-003) Sausalito Place Homeowners Association, Inc. Sausalito Place Homeowners Association, Inc. North side of Gateway Boulevard, just west of Lawrence Road 2 Planning and Development Board Meeting Minutes Boynton Beach, Florida March 27, 2007 Description: Request for master plan modification for reduction in the rear yard setback for lake lots from fifteen (15) feet to ten (10) feet, and reduction in the rear yard setback for right-of-way lots from twenty-five (25) feet to fifteen (15) feet. Chair Wische presented the request. David Kish, a resident of Sausalito, was present and agreed with the one staff condition of approval. Mr. Breese reviewed the request for the benefit of the public. Staff recommended approval due to the units backing up to the right-of-way. Chair Wische opened the public hearing. Robert Little, a resident of the Floral Drive development was present and objected to the request. The basis of his opposition was although the requested setbacks were not in his development, there were many ongoing issues with Sausalito that impacted his development. He prefaced his comments that the plans shown were not accurate and some amenities depicted were not installed. Mr. Little announced there were six Code Enforcement violations that pertained to this subdivision. The violations were for yard maintenance, and Sausalito does not maintain the easements, which are not visible to Sausallto but are visible to his development. Another issue pertained to the drainage ditch, which was not in compliance and which causes flooding in his development. Mr. Little provided copies of correspondence indicating the County acknowledged the flooding issues and was requesting the City's assistance with it. He requested the board should not approve anything related to the subdivision. Sausalito Place had already demonstrated they could not maintain their own property, and he thought they would not maintain this issue. He emphasized it is troublesome for his subdivision to constantly stay on Sausalito. There were no other public comments received and Chair Wische closed the floor. The members understood Mr. Little's point of view and collectively felt Mr. Little should pursue the issue with Code Enforcement and make the City Commission aware of the matter. Mr. Breese noted the Sausalito Place Homeowners Association President was in attendance and suggested the parties meet after the vote to discuss the issue further. Mr. Little was advised the minutes of the meeting would be forwarded to the City Commission and they would be aware of the problem. Motion Vice Chair Hay moved to approve the request for master plan modification for reduction in the rear yard setback for lake lots from fifteen (15) feet to ten (10) feet, and reduction in the rear yard setback for right-of-way lots from twenty-five (25) feet to fifteen (15) feet. Ms. Jaskiewicz seconded the motion that passed 7-1, Mr. Blehar dissenting. 3