Jeffrey Smith Variance
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE Development
CITY OF BOYNTON BEACH, FLORIDA P&Z
Building
PROJECT NAME: Jeffrey Smith Variance, 2525 SW 14th Street / ZNCV 05-001 Engineering
Occ. License
Deputy City Clerk
APPLICANT'S AGENT: Mr. Jeffrey A. Smith -
APPLICANT'S ADDRESS: 2525 Southwest 14th Street Boynton Beach, FL 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 21,2005
TYPE OF RELIEF SOUGHT: Zoning Code Variance
LOCATION OF PROPERTY: 2525 Southwest 14th Street - Lot 15, Block 22 Golf View Harbour
Estates 2nd Section
DRAWING(S): SEE EXHIBITS liB & "C" 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:
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 APP~t
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 APP~'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.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED: c::'-a.4-05" ~rn. p~
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COMMUNITY PANEL No. 120196 0005 C l(_ ....".".,.. AS __ IT CLWfT),
DATED SEP'l'ENBER 30, 1982 Jnr 15, BLOCK 22, G:X.FVIEW IIARBCXJR, SEJCTICN 2, ACa)R )rNG
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FLA, REG. NO, 22763 \:-."~. :-"~\,, .> -..- J
8037 ST1RRUP CAY cr., BOYNfON BEACH, FL I
PH: 681-738-3804 FAX: 581-734-3818 <'":;.....-:. ~.
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~ EXHIBIT D
Statement of Reasons to Justify Variance Request
Smith Residence
2525 S.W. 14th Street
Boynton Beach, FL 33406
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.
Response: Due to increased costs of newer homes and smaller lot sizes, we decided to
stay with our current residence and make modifications. This is a modest expansion.
We had an existing concrete patio slab, but due to afternoon sunlheat, did not use often.
Therefore, we wanted a roofed patio for sun/rain protection.
A screen roof is subject to only an 8 ft setback (Chapter 2, Section 11 (F)) while a panel-
roofed patio is required to have a 25 ft setback (Chapter 2, Section 5 (C)). They are the
same structure, one just provides shade and rain protection. Both have the same net loss
of green space.
The residence directly south of my property has an enclosed addition (pennanent) with
very similar setback footage as my patio. I believe this was approved by the City without
a vanance.
B. That the special conditions and circumstances do not result trom the actions of the
applicant.
Response: The screen room was built without the benefit of an approved pennit. The
appropriate pennit application and fees were submitted prior to construction. However,
the contractor was not aware of the 25 ft setback requirement and initiated construction
prior to notice of the pennit being denied. This is an after-the-fact request for a variance.
In the aftennath of the recent hurricane season, the cost to make the necessary
modifications to come into compliance has greatly increased. Currently proposed
changes to the 25 ft setback standard in the Land Development Regulations may provide
relief.
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.
Response: The setback standards in the City's Land Development Regulations are
currently under review. The City is revisiting the setback standards in an effort to better
facilitate neighborhood revitalization. This may be in response to increased
improvements being made to existing homes. At the time of submittal of this application,
the rear setback standard requirement is being proposed for change iTom 25 ft to 20 ft. In
addition, the Planning and Zoning Division will have the discretion to grant another 5 ft
Smith Residence Variance
Page 2 of2 EXHIBIT D
without a variance. This may reduce the rear setback to as little as 15 ft. These LDR
recommendations are scheduled to go before the City Commission in April. Pending the
final resolution, this variance may not confer any special privilege.
D. That literal interpretation of the provisions of this chapter 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.
Response: . Many communities are now being built with zero lot lines, which allow
structures to be immediately adjacent to property boundary, My lot is larger than many
lots in newer developments, however the existing setback standards for my zoning
district restricts the expansion of a structure nearer to or closer to the property boundary.
E. That the variance requested represents the minimum required to serve the
applicant's needs for the addition.
Response: The 10ft setback variance requested would allow the current screen room
structure to remain without major modifications.
F. That the granting of the variance will be in harmony with the general intent and
purpose of this chapter and that such variance will not be injurious to the area
involved or otherwise detrimental to the public welfare.
Response: The existing structure meets all the applicable building standards and does not
present any potential hazards to the adjacent property owners. This is the typical screen
room construction and materials that are used throughout south Florida. This screen
room withstood the recent hurricane season without any damage.
G, Variance to minimum lot area or lot ITontage 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 non-conforming. 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.
Response: Property is located within Golfview Harbor Estates, a R..;l-AA Single Family
Residential District. Purchase of adjacent lots is not feasible. Purchase of any adjacent
lots would not provide relief ITom setback standard.
EXHIBIT "E"
Conditions of Approval
Project name: Smith Variance
File number: ZNCV 05-001
Reference:
DEPARTMENTS INCLUDE REJECT
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
FORESTERlENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. Staff recommends approval of the subject variance request contingent upon X
the approval of the proposed code amendment (CDRV 05-007 - Special Rear
Yard Setback Reduction) to the Land Development Regulations.
Conditions of Approval
2
I DEP ARTMENTS ¡INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be detem1Ìned. ~
S:\P1anning\SHARED\WP\PROJECTS\2525 SW 14th Street\COAdoc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc