PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ADMINISTRATIVE VARIANCE TYPE I B - STAFF PUBLIC MEETING STAFF REPORT 6/19/2008 AGENDA ITEM CODE SECTION REQUIRED PROPOSED VARIANCE AVB-2008-00454 5.B.2.b Property Development Regulations 15 feet setback (Rear Setback) 5 feet (Rear Setback) 10 feet (Rear Setback) SITUS ADDRESS: 12860 57th Rd N West Palm Beach 33411 AGENT NAME & ADDRESS: OWNER NAME & ADDRESS: None Maria Marenco 12860 57th Rd N Royal Palm Beach FL 33411 PCN: 00-41-43-03-00-000-3880 ZONING DISTRICT: AR BCC DISTRICT: 06 PROJECT MANAGER: Lauren Benjamin, SitePlanner I LEGAL AD: Carmen Luciano and Maria Marenco, owners, to allow an existing structure to encroach into the required rear setback. LOC: 12860 57th Road N., approximately 0.19 mile E of 130th Avenue N. and approximately 0.06 mile N of 56th Place N., in the AR Zoning District (PET: 2007-325). LAND USE: RR-2.5 S/T/R: 03-43-41 PETITION #: 2007-00325 LOT AREA: 1.14 LOT DIMENSIONS: 240.00 x 207.00 CONFORMITY OF LOT: CONFORMITY OF ELEMENT: TYPE OF ELEMENT: Non-Conforming Non-Conforming Accessory Structure ELEMENT SIZE: 16.7 x 22.3 BUILDING PERMIT #: NOTICE OF VIOLATION: CONSTRUCTION STATUS: APPLICANT REQUEST: None 07-01030018 Existing To allow an existing accessory structure to encroach into the required rear setback. AVB2008-454 August 21, 2008 Page 1
STAFF SUMMARY Aerial Accessory Structure (Barn) The subject property is a located at 12860 57th Road North, in the Agricultural Residential (AR) zoning district. The applicant is seeking to allow an existing accessory structure to encroach 10 feet into the required rear setback. The applicant renovated the existing structure (barn), which was built on the property prior to their ownership (pursuant to the warranty deed dated April 30, 2004). Following numerous storms in 2006 the accessory structure (barn) was severely damaged. The applicant renovated the existing structure with no prior knowledge the structure was not permitted. Code Enforcement cited the applicant (Violation #: 07-01030018) for erecting the barn structure without permits within the required setback. An accessory structure (barn) is a permitted use with the AR Zoning District with a minimum 15-foot required rear setback. The applicant is proposing to allow the existing structure to encroach 10 feet into the required rear setback. According to the Unified Land Development Code (ULDC) Article 5.2.b.2., Accessory Structure, Nonconforming Lot Dimensions, the minimum setback in the rear is 15 feet in the rear. Currently, there is approximately a 30 foot separation between the barn and the nearest structure on the adjacent property to the south. In accordance with the drainage statement issued July 8, 2008 by Michael F. Padula, P.E of Palm Coast Structural Engineering Services, the applicant s property has varying elevations causing most of the applicant s lot to have poor drainage (See NW Grade Elevation photo). The location of the existing barn falls within a highpoint on the property, which will avoid frequent standing water per the drainage statement. The applicant has supplied the Palm Beach County Zoning Division with five letters from neighbors regarding the location of the existing barn. There are no negative impacts to the surrounding area due to heavy landscaping at the south (rear) portion if the subject lot (See Aerial photo). Therefore, staff supports the applicant s variance request to allow the existing accessory structure to encroach 10 feet into the required rear setback. NW View (Grade Elevation) AVB2008-454 August 21, 2008 Page 1
Survey AVB2008-454 August 21, 2008 Page 2
STAFF RECOMMENDATIONS Approval with Conditions, based upon the following application of the standards enumerated in Article 2, Section 2.D.3 of the Palm Beach County Unified Land Development Code (ULDC), which a petitioner must meet before the Administrative Variance Public Meeting Staff may authorize a variance. ANALYSIS OF ARTICLE 2, SECTION 2.D.3.G.2 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. Special Conditions and circumstances exist that are peculiar to the parcel of land, building or structure, that is not applicable to other parcels of land in the same Zoning district. The applicant s property is subject to poor drainage. The SFD is at a higher elevation then most of the property; the grade around the structure supports sufficient elevation to prevent the accessory structure from flooding during heavy rainfall. The location of the existing barn falls within a highpoint on the property, which will avoid frequent standing water and possibility of structural issues. Southern View NW View Grade Elevation 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: YES. Special circumstances and conditions do not result from the actions of the applicant. According to the warranty deed the applicant purchased property April 30, 2004. The applicant purchased the property without knowledge the previous owner did not obtain permits for the existing barn structure. The applicant, unaware that permits were required for renovations to anexisting structure, renovated the existing structure after severe storms had caused damage in 2006. 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: YES. The proposed variance is consistent with the Comprehensive Plan and the Unified Land Development Code (ULDC). The existing accessory (barn) is a permitted use within residential districts and meets the minimum separation of 30 feet from the nearest accessory structure on the abutting property to the south (see Aerial East photo). AVB2008-454 August 21, 2008 Page 3
Aerial East 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. 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 within the same Zoning district. Denial of the applicant s variance request would deprive the applicant reasonable use of the lot due to existing drainage issues (See Drainage statement). 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: YES. Grant of the variance is the minimum variance that will make possible the reasonable use of the parcel of land, building or structure. The applicant s property is subject to poor drainage, which can be validated by the drainage; the location of the existing barn falls within a highpoint on the property, which will avoid frequent standing water per the drainage statement. The drainage issues on the property limit the applicants ability to re-locate the accessory structure else where on the lot. The SFD is at a higher elevation then most of the property; the grade around the structure supports sufficient elevation to prevent the accessory structure from flooding during heavy rainfall (see East photo). Heavy Landscaping at the south portion of the property will eliminate any visual impact to the adjacent neighbor to the south (see Aerial Photo). Run-off from roof (East Side of House) AVB2008-454 August 21, 2008 Page 4
6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: YES. Grant of the variance will be consistent with the purposes, goals, objectives, and policies of the Comprehensive Plan and Code. Granting the variance for the acessory structure does not have any negative impacts to the surrounding areas. The The accessory structure meets the minimum separation of 30 feet from the nearest accessory structure on the abutting property to the south within the AR Zoning District. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: YES. The grant of the variance will not be injurious to the area involved because there are properties within the surrounding area benefiting from the advantages of the proposed use. The request will not be detrimental to the surrounding properties due to the accessory structure having no visibility from the Right of Way (ROW) and heavy Landscaping at the south portion of the property will eliminate any visual impact to the adjacent neighbor to the south (see Photos). AGENCY COMMENTS 1. The project reviewer is Glenn Mark from Survey, who can be contacted at 561-684-4054 to discuss the following comments. 2. Identify a sufficient number of Government Corners to allow an accurate location of the property in relationship to the Legal Description. Also identify the Control Point or position being used at each Government Corner shown or added to the Survey. (Resolved) 3. Identify the acreage and square footage of the site on the map sheet of the Survey. (Resolved) 4. Bearing Base Reference must refer to a well-established monumented line shown on the Survey. Identify the control points being used on the cited line. (Resolved) 5. Show all information referenced in the Legal on the map sheet of the Survey. (Resolved) 6. Include the note Not valid without the signature and the original raised seal of a Florida licensed Surveyor and Mapper on the map sheet of the Survey. (Resolved) 7. Identify the cap identification on all of the found boundary corners shown on the Survey or label as No I.D.. (Resolved) ZONING COMMENTS 1. The owner shall provide the Building Division with a copy of the Administrative Variance Staff Letter (AVB 2008-454) and a copy of the site plan / survey presented to staff, simultaneously with the buildingpermit application. DEVELOPMENT ORDER The development order for this particular variance shall lapse on August 21, 2009, one year from the approval date. (DATE: MONITORING: Zoning) ADMINISTRATIVE VARIANCE TYPE I B STAFF PUBLIC MEETING CONDITIONS 1. Prior to the Development Order expiration, the project shall have received and passed the first building inspection. (DATE: MONITORING-ZONING) AVB2008-454 August 21, 2008 Page 5