306 SW 5th Avenue Jenkins Variance
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
306 SW 5th Avenue Jenkins Variance
Development
P&Z
Building
Engineering
Occ. Llcenl. 1/
Deputy City Clerk\
APPLICANT'S AGENT: Steven and Anna Lloyd Jenkins
APPLICANT'S ADDRESS: 306 SW 5th Avenue, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 13, 2007
TYPE OF RELIEF SOUGHT: Request to allow zoning code variance approval for a solid-roofed
screen enclosure at thirteen (13) feet from the rear property line in lieu of the twenty (20) feet
required by code for a single-family building in the R-l-A zoning district.
LOCATION OF PROPERTY: 306 SW 5th Avenue, Boynton Beach
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
.............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 Applicaj1t'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:
~- {G:,-o7
tn. A '
City Clerk
S:\Planning\SHARED\WP\PROJECTS\306 SW 5th Avenue Jenkins\ZNCV 07-001\DO.doc
EXHIBIT "E"
Conditions of Approval
Project name: 306 SW 5th Avenue, Jenkins
File number: ZNCV 07-001
Reference:
DEP ARTMENTS INCLUDE REJ EC 1
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
P ARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
Conditions of Approval
306 SW 5th Ave/ZNCV 07-001
P 2
age
I DEPARTMENTS I INCLUDE I REJECT I
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
1. To be determined. ~ <.dl1Ln
U 7
th
S:\P1annmg\SHARED\WP\PROJECTS\306 SW 5 Avenue Vanance Jenkins\ZNCV 07-001\COA.doc
Exhibit "A" - 306 SW 5th Avenue
Location Map
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EXHIBIT "(;"
Reply to Question A:
My neighbors to the East, South and West do not have a patio. My neighbor to the
North is across the street and I don't know if they have a patio. Our house was built
in the early nineteen seventies. At that time a permit was required to pour a
concrete foundation patio and granted; according to Boynton Beach records. Also,
the city of Boynton Beach was unable to find the permit that was pulled for the
patio screen enclosure. I was told by the city of Boynton Beach that records after
fifteen years are not available.
Reply to Question B:
When Hurricane Francis came thru our area in 2004 large mango tree branches
crushed my patio. I contracted a licensed contractor to remove my destroyed patio
and rebuild a new one. I instructed the contractor to rebuild it to the same
dimensions as the old patio. I then insisted that they pull permits from the city of
Boynton Beach before they started this project. I was assured by this contractor that
they would have the permit prior to starting the work. I'd like to note here that I
rented this property in 2000 and purchased it in 2002. The patio with the screened
enclosure was up in the year 2000. I did nothing to change it prior to Hurricane
Francis. The patio was an eyesore. It was old and had a pan roof. Had I known
that this patio did not have an original permit pulled for it when it was built, I never
would have bought the bouse. Had I not insisted that the repair work be done
under the proper code of Boynton Beach, I would not be having this problem now. I
am not the kind of person that does not do things by the book but in this case going
by the book has been a nightmare for my entire family.
Reply to Question C:
I don't think that the granting of my request of variance to the building code of
Boynton Beach will give me any more privileges then any other homeowner in
Boynton Beach. This patio was here before any of the current residents in the
neighborhood moved into the area. My patio is in my backyard and cannot be seen
from the street or by my neighbors to the East, West or South.
Reply to Question D:
The issue here is that this patio was built before} rented this house in 2000. It was
built under the existing code of Boynton Beach at the time of construction; which
was in the mid to late 1970's. This was verified by the permit rIled with Boynton
Beach. Due to the fact that Boynton Beach does not have records past 15 years we
do not know for sure exactly when the patio was covered. But we do know it was
before the year 2000.
As I stated before due to Hurricane Francis destroying this existing patio}
. contracted with J. White, a licensed contractor, to remove the damaged material
and rebuild a new one. Once again I want to reiterate that I insisted that J. White
obtain all the necessary permits prior to commencement; } wanted this done by the
book. I instructed my contractor that I wanted the new patio built to the same
dimensions as the old one. } was not made aware of the fact until one year later that
the permit had been denied.
} do not think that the granting of this exemption will in any way impede the
purpose of the building codes of Boynton Beach. As I said before the patio cannot
be seen from the street, it is in the backyard of my home and is completely fenced in
by a privacy fence. Since the year 2000 } have not received one complaint from my
neighbors on the old patio. This new patio, although built to the same dimensions as
the old one, is not an eyesore. It, in fact, improves the neighborhood.
I could have had the work done by an unlicensed handyman. The work could have
been completed and probably no one would have been the wiser. It is only because I
am the type of individual that follows the rules, regulations and laws that we are in
this situation today. If} had made changes to the size, shape and looks of the patio I
would expect to adhere to the code book to the letter; but I didn't change the size,
shape or looks. } kept it exactly the same.
Please don't instill undo hardship on me and my family by following the letter of the
law on this situation. My wife and I purchased this property because we loved
everything about it. We purchased in Boynton Beach because we believed it was a
great area to live and raise our children. One of the biggest reasons we fell in love
with this home was because of the patio; as we spend more of our time in the patio
than any other place else in the house excluding the bedrooms. So} ask you to
please, just once and only once, grant us this variance in the code book. To follow
the true spirit of the law instead of the letter of the law.
Response to Question E:
As I stated previously, I am pleading with the City of Boynton Beach to grant me
this variance so that I can keep my patio as is now stands.
Response to Question F:
Should the City of Boynton Beach respond to my request for variance in the true
spirit of the law it will in now way effect the safety, appearance or integrity of my
covered patio. The old patio was an eyesore to the neighborhood. It was old and
dilapidated. This new patio, built on the same ground and in the same dimensions,
has proven its safety and structural durability by withstanding the last hurricane of
2005. As I stated before because this patio is in the back of my house it is not visible
from any direction it will not have any effect on the value of the surrounding homes
in my neighborhood. However, if a perspective buyer of a neighboring home were
to come into my back yard this new patio would certainly have a positive effect on
home values.
Response to Question G:
My request for this variance has no effect on the requirements governing the lot
frontage. This variance request asks for allowing my patio roof line to extend just
five feet out, as the old patio did. This five foot extension in no way has any effect
on easement access. The property lot directly adjacent to this five foot roof line
extension is not for sale. This property is not for sale and consists of a one story
home. During the 6 years that I have lived here the f'lVe foot extension has never
caused a hardship on anyone attempting access to the easement. It also has never
caused a problem for my neighbor who lives adjacent to it.
AFFIDAVIT
The above mentioned conditions exist with respect to the acquisition of additional
property.
111/riiit} JOHN R. VIOLA
{:.-~1t..~ ~~ uy COMMISSION ~ 00358755
~~.,A.:<l'! EXPIRES: .!~I'l!lary 29, 2009
~'(:tfr:~~~ Bonded Thru NoIIry Pubic Underwrhrs
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306 S. W. 5th Avenue
Boynton Beach, Fl. 33434-5552
EXHIBIT "0
~s: 30G S.W. 5th Avenue
Use: Reshnential
Legal: Mango Heiqhts
Blk.
Lt. 44
ZOne: Rl:r>.
Microfilm:
S ~ 250.
5
9
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6
Issue Pemti.t Final C.O.
Date N:>. COntractor Architect o.mer Valuaticm Fee Date N:>. Pw:pose
28/76 16621 l-t.A.P. Builner. 1st Fen. V270. 40.RfI 12/28/7 9R711 Complete exlstin~ strnc
Save lie !.n (Sinqle Family )
118/77 77-0937 WallU\ Roof 1ng Kellar 1200. 6.00 7/27/77 reroof (24)
12/77 77-1590 Owner Ke1.ler 100. 8. 12/1/77 'lab
12/74 11106 International ] ~v. Void Fam. Res.
/12/81 81-1336 Gutters Un11m ted Hota ling 120. 8. 6/22/81 gutter & downspout
~
9/
ELOC'TRICAL
"-
Issue Pennit FJ.nal. ..
Date No. Contractor CMner Valuation Fee Date Purpose
I
Issue Pennit 14';nllll
Date No. Contractor OWner Valuation Fee Date Purpose
PI1M3IN:2
i~
Issue I . . . -
Penni t F.1na.l ,
Date N::l. Contractor CMner Valuation Fee Date Purpose
16052 Finch & Sons 1st Fed. 5. 5/19/76 ~ewer ("arm. Fix 10
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~~TI U~. BOYNTON BEACH
Global Location Inquiry - Building Permit Applications
1/25/0.5
08:43:15
'Property address
PCN . . . . . . .
306 SW 5TH AVE
08-43-45-28-39-000-0440
Type options, press Enter.
2=Application inq 3=Structure inq 4=Permit inq 5=Inspection inq
Opt Appl Nbr
04 00005807
97 00004511
96 00000254
94 00001741
86 00005759
F3=Exit
Type
SE
BL
RR
RR
OW
F12=Cancel
Stat Date
PC 12/28/04
FI 9117197
AP 1/18/96
RJ 4/28/94
CL 6/13/86
Tenan t Nbr /Name
REPLACE SCREEN ENCL
NEW GARAGE DOOR
20 SQUARES SHINGLES
SHINGLE TO SHINGLE