Fookes VarianceDEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Fookes Variance
APPLICANT'S AGENT: Kevin & Anna Fookes
APPLICANT'S ADDRESS: 3220 Canal Drive Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: November 19, 2002
TYPE OF RELIEF SOUGHT: Relief from Land Development Regulations Chapter 2, Zoning Section 4.B.2.
requiring a detached storage structure not exceeding one hundred (100) square feet in area and
seven (7) feet in height to be erected at a minimum of three (3) feet from the rear and side
property lines providing that no easement rights are abridged to allow an 8.5 feet high storage
shed in lieu of seven (7) feet in height as required by code in a residential zoning district.
LOCATION OF PROPERTY: 3220 Canal Drive (Lot 5, Block 9, Chapel Hill)
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings
and recommendation of the Planning and Development Board, which Board found as follows:
OR
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:
Application for the relief sought was made by the Applicant in a manner consistent with the
requirements of the City's Land Development Regulations.
The Appli.cant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The App. li,,cant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
6. All further development on the pr.~o,~,.~lrO,e¢ ,?),~e
conditions of this order. ~ ~ ..',~'6~. .... <~ ~
...... rk
XWPSPROJECTSXFookes VarlanceXDevelo Order For~2002 Re , !~; f I I ~ ~ ~'-
This Order shall take effect immediately upon issuance by the City Clerk.
in accordance with the terms and
Location Map
FOOKES STORAGE SHED VARIANCE
EXHIBIT "A"
REC
R1AAB .......
' t
MtSSIONzHtEL~°,D ,
REC
- -SW-38RD-PE
R1AAB
d
oo
_j .-J
O~
F-
EXHIBIT "C"
3AI~tO ]VNVO
~ ~Jb~O
~o~
S=
S~
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
MEMORANDUM NO. 02-212
EXHIBIT "D"
TO:
FROM:
DATE:
RE:
Maxime Ducoste-Amedee, Planner, Planning & Zoning
Laurinda Logan, P.E., Senior Engineer, Public Works/Engineering
October 22, 2002
Fookes Variance
ZNCV 02-014
Easements
Max,
In response to your request of 10/21/02 for confirmation regarding allowable use(s) within utility
easements I can offer the following:
The LDR, Chapter 7.5, Article I, Section 18.1 give public utilities the authority to remove any trees
that interfere with utility services, either in utility easements or public rights-of-way.
The Utilities Engineering Design Handbook & Construction Standards, Chapter 1, Article I,
Section E.2 states that "Easements should allow unhindered access to all Department facilities
and mains."
I also spoke with Pete Mazzella, Assistant Director, Utilities, who tells me that he is unaware of any
specific written prohibition in the Code or LDR regarding construction within an easement. He went on to
say that it is only common sense that construction of a structure within a right-of-way is a direct conflict
and that Utilities has never allowed it. As you also know they are selective about the vegetative matter
that is allowed in utility easements.
I hope this was of help. Please let me know if you have any additional questions.
LL/ck
Xc:
Jeff Livergood, P.E., Director, Public Works (via e-mail)
Pete Mazzella, Assistant to Director, Utilities
H. David Kelley, Jr., P.E./P.S.M., Utility Engineer, Engineering (via e-mail)
File
S:\Engineering\KribsxFookes Variance.doc
'" EXHIBIT "E"
STATEMENT
When a contract was made on the property at 3220 Canal Drive, Boynton Beach, FL it was
determined that the existing Metal Shed was not safe, plus an eye sore. This structure is
old,
rusty and ready to collapse. There are several of these old metal shed's in the
neighborhood,
which should also be torn down, for safety reasons.
There is no garage or attic space for personal storage; such as lawn equipment, storage
containers
with decorations, etc. This is very much so needed.
Since there was no storage space, we purchased a Personal Storage Shed from 'Hitching
Post' out of Detray Beach at a cost of $1700+ for an 8x12 unit. Hitching Post then
delivered
this shed and placed it in the corner of our property boundaries of 3 foot on one side and
4.5 feet on the other. They then anchored this into the ground. The corner of our property
was
the only spot to place this shed without placing it in the middle of the yard which would of
not only been an inconvenience but also an extreme eye sore.
Our extreme back neighbor has a 7 foot PVC privacy fence, which they can only see the
very top of the
shed. Our neighbor to the left has privacy trees, which she can only see the very top. And
our
neighbor to the right indicated that it was a very nice shed and they do not have a problem
with it
being there, plus there is also trees blocking the majority of the view.
This shed has been approved by the 'Department of Community Affairs' out of Tallahassee
with a sustained Wind Load of 150 mph. All papers supporting this are attached to this
application.
If there is a problem, you can contact them directly to obtain the specifications.
This shed is in 'NO' way a problem for any other party to be concerned with. This is not
distrupting any
other parties property. It's not in the front yard. It is in the back corner of our property.
Yes, you can
see this from the front street, but once we are able to do the Landscaping this will not be
seen.
We very much need this storage shed and would greatly appreciate your approval.
Thank You!
/,~e~i'n A. Fookes - -
Anna B. Fookes
8-1 g-02
EXHIBIT "F"
Conditions of Approval
Project name: Fookes shed variance
File number: ZNCV 02-014
DEPARTMENTS
,- INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIKE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None
X
PARKS AND RECREATION
Comments: None
X
., FORESTER/ENVIRONMENTAl JST
Comments: None
X
PLANNING AND ZONING
Comments: None
X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. Conditions for variance approval. (1) The applicant must immediately apply X
for, and obtain all required building permits.
2. The applicant must relocate the storage shed out of the utility easement, and X
locate it at a minimum of five (5) feet from the rear property line.
3. The applicant must landscape the side of the property where the shed is X
visible from Canal Drive.
S:\Planning\SHARED\WP\PROJECTS\Richardson DupleAZNCV~Condition of Approval.doc