PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT

ZONING DIVISION

BOARD OF ADJUSTMENT

STAFF REPORT 6/15/2006

AGENDA ITEM CODE SECTION REQUIRED PROPOSED VARIANCE BA-2006- 00721

4.D.5.D Use Regulations - Type 1B excavation

4.D.5.D.4.a Type I excavations shall maintain the following minimum setbacks: 30 feet at the time of construction from any adjacent property line

0 feet

30 feet

SITUS ADDRESS:

3000 D Rd Loxahatchee 33470 14266 30 Ct N Loxahatchee 33470

AGENT NAME & ADDRESS:

None

OWNER NAME & ADDRESS:

James Kimes 3000 D Rd Loxahatchee FL 33470

PCN:

00-41-43-17-01-421-0040

ZONING DISTRICT:

AR

BCC DISTRICT:

06

PROJECT MANAGER:

Joseph Cearley, Planner I

LEGAL AD:

James Kimes and Cynthia Shannon, owners, to allow an existing lake to encroach into the required side setback. LOC: 3000 D Road, approx. 0.6 mile E of C Road, and approx. 1 mile N of Okeechobee Blvd., within the Loxahatchee Groves Subdivision, in the AR Zoning District. (PET: 2006-246).

LAND USE:

RR-10 S/T/R: 17-43-41

PETITION #:

2006-00246

LOT AREA:

5

LOT DIMENSIONS:

approx. 638 ft x 339 ft

CONFORMITY OF LOT:

Conforming

CONFORMITY OF ELEMENT:

Non-conforming

TYPE OF ELEMENT:

Pond

ELEMENT SIZE:

approx. 80 ft x 140 ft

BUILDING PERMIT #:

None

NOTICE OF VIOLATION:

None

CONSTRUCTION STATUS:

Existing

APPLICANT REQUEST:

To allow an exisitng lake to encroach into the required side interior setback

STAFF SUMMARY

AERIAL

The subject property is located at 30th Court North approximately 0.6 miles East of C Road and approximately 1 mile North of Okeechobee Blvd within the Loxahatchee Groves Subdivision in the AR zoning district. The requested variance is to allow for a lake that traverses two lots to remain at its 0 feet from it’s side setback. The applicant is seeking relief for an existing lake, which crosses the common side property line of the two adjacent lots. Due to Hurricane Wilma, their old home was severely damaged and needs to be torn down. The applicant was seeking to obtain a building permit to rebuild a new home on the same site. Without violation for the pond encroaching the said setback, this variance will allow compliance with code. The pond has existed in this configuration for over 15 years. The lot is comforting in every other way.

NORTHWEST CORNER FROM FRONT OF HOUSE

NORTHEAST CORNER FROM FRONT OF HOUSE

SURVEY

STAFF RECOMMENDATIONS

Approved with Conditions, based upon the following application of the standards enumerated in Article 2, Section 2.B.3 of the Palm Beach County Unified Land Development Code (ULDC), which a petitioner must meet before the Board of Adjustment may authorize a variance.

ANALYSIS OF ARTICLE 2, SECTION 2.B.3 VARIANCE STANDARDS 1. SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE PARCEL OF LAND, BUILDING OR STRUCTURE, THAT ARE NOT APPLICABLE TO OTHER PARCELS OF LAND, STRUCTURES OR BUILDINGS IN THE SAME ZONING DISTRICT: Yes. Due to the size and configuration of the lake, the applicant is seeking a variance relief in order to rebuild a home. The existing lake traversed over two sites leaving the side setback at zero. The preexisting home was damaged severely by Hurricane Wilma, so in order to demolish and obtain a building permit, code requirements must be met to make the lot conforming. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: No. The prior owner did not file an affidavit of exemption with the county. The intention was to use the fill from the pond to build the residence without incurring additional expense. This occurred prior to our homestead. 3. GRANTING THE VARIANCE SHALL NOT CONFER UPON THE APPLICANT ANY SPECIAL PRIVILEGE DENIED BY THE COMPREHENSIVE PLAN AND THIS CODE TO OTHER PARCELS OF LAND, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT: No. The variance is required in order to allow the applicant to obtain a permit to construct a proposed residence on lot. Without violation for the pond encroaching said setback, this variance will allow compliance with code. Due to the configuration and large size of this pond on this 5 acre parcel, approval of this variance application is the minimum necessary to make reasonable use of this lot. 4. LITERAL INTERPRETATION AND ENFORCEMENT OF THE TERMS AND PROVISIONS OF THIS CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT, AND WOULD WORK AN UNNECESSARY AND UNDUE HARDSHIP: Yes. If the variance is denied, the applicant would have to fill the portion of the pond that is encroaching the common property line. Applicant was instructed to seek variance in order for pond to remain in its current location. Approval of this variance application is the minimum necessary to make reasonable use of this lot 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: Yes. Due to the configuration and large size of this pond on this 5 acre parcel, approval of this variance application is the minimum necessary to make reasonable use of this lot. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: Yes. The existing lake were excavations on the lot to address the poor drainage and to allow the property owner the ability to tuse the fill without having to purchase it. The pond was excavated in the early 1980's when permits and inspections were not required. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: The relief for the rainfall provides homeostasis for the vegetative growth surrounding the pond. This variance will prevent complication in the future should applicant choose to sell said property or apply for additional permits.

AGENCY COMMENTS

No Comments

ZONING COMMENTS

No Comments�

DEVELOPMENT ORDER The development order for this particular variance shall lapse on 6/15/2007, one year from the approval date. (DATE: MONITORING:Zoning)

BOARD OF ADJUSTMENT CONDITIONS 1. Prior to the Development Order expiration (06/15/2007), the project shall have received and passed the first building inspection. (BUILDING: DATE: ZONING) 2. By 06/15/2007, the applicant shall provide the Building Division with a copy of the Board of Adjustment result letter and a copy of the site plan presented to the Board of Adjustment, simultaneously with the building permit application. (BUILDING: DATE: ZONING) 3. The Development Order for this particular variance shall lapse on 06/15/2007, one year from the approvaldate. The applicant may apply for an extension provided they complete the time extension application, prior to the original development Order expiring (DATE: MONITORING:ZONING)