PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION BOARD OF ADJUSTMENT STAFF REPORT 3/16/2006 AGENDA ITEM CODE SECTION REQUIRED PROPOSED VARIANCE BA-2006-00210 3.D.2.A-6 Property Development Regulations Front Setback (25 '-35' height) Min. 30' - Front Loading Garage) Front Setback (25'- 35' height ) 25' - Front Loading Garge (all buildings) Varying - Max. 5' deviation 3.D.2.A-6 Property Development Regulations SITUS ADDRESS: 4630 Lantana Rd Lake Worth 33463 4795 61 St S Lake Worth 33463 AGENT NAME & ADDRESS: OWNER NAME & ADDRESS: Side Setback (25'- 35' height) 0' - Interior Unit 25' - End Unit Damian Brink Kilday & Associates, Inc. 1551 Forum Way West Palm Beach FL 33401 K. Hovnanian T&C Homes at Florida, LLC 1275 Gateway Blvd Boynton Beach FL 33426 PCN: 00-42-44-37-00-037-0022 00-42-45-01-00-000-3012 ZONING DISTRICT: PUD BCC DISTRICT: 03 Side Setback (25'- 35' height) 15' - End Unit Varying - Max. 10' deviation PROJECT MANAGER: Timothy Sanford, Planner I LEGAL AD: Kilday & Associates, agent, for K. Hovnanian T & C Homes at Florida, LLC, to allow a reduction in the required setbacks and separations for proposed townhouse units. LOC: 4630 Lantana Rd., approx. 200 ft S of Lantana Rd. and approx. 0.19 mile W of Military Trail, within the Sabal Grove PUD, in the AR Zoning District (PET. 2005-0535). LAND USE: CH/5 MR-5 S/T/R: 01-45-42 37-44-42 PETITION #: 2005-00535 LOT AREA: LOT DIMENSIONS: CONFORMITY OF LOT: CONFORMITY OF ELEMENT: TYPE OF ELEMENT: ELEMENT SIZE: BUILDING PERMIT #: NOTICE OF VIOLATION: CONSTRUCTION STATUS: APPLICANT REQUEST: 10.21 acres Large Irregular Lot - 10.48 acres Conforming Non-Conforming Structure Varies None None Proposed To allow a reduction in the required setbacks and separations for townhouse units
STAFF SUMMARY Subject Property AERIAL The subject property is located at 4630 Lantana Road, approximately 200 feet south of Lantana Road and approximately 0.19 west of Military Trail, within the Sabal Grove Planned Unit Development (PUD). The current Future Land Use Designation is MR/5 (Medium Residential-up to 5 units per acre) for the south Parcel A and CH/5 (Commercial High with an underlying Medium Residential- up to 5 units per acre) for the north Parcel B. The current Zoning is Agricultural Residential (AR). The applicant is seeking a variance to allow a reduction in the required setbacks and separation for proposed townhouse units. This property was the subject of a recent Board of Adjustment variance application. The Board of Adjustment approved variances that reduced the widths, as required by the ULDC Table 7.F.9.A-7, of both the 15-foot wide Type 2 incompatibility buffer and the 10-foot wide Type 1 incompatibility buffer, specifically in the location where the north Parcel B meets the south Parcel A. A Workforce Housing Program application was also submitted for the property on October 5, 2005. This application is pending DRO certification and is requesting 15 additional units under the County s density bonus program. The current published version of the ULDC at the time the applicant purchased the property did not contain the amended Table 3.D.2.A-6; therefore the due diligence on the property, which included several meetings with County staff, was incorrect. The applicant is seeking relief from the Board of Adjustment by granting the requested variance based on a discrepancy in the ULDC.
SITE PLAN
STAFF RECOMMENDATIONS Approval with a condition, 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. Special conditions and circumstances exist that are peculiar to the parcels of land, building or structure, which are not applicable to other parcels of land, structures or buildings in the same zoning district. This area of Palm Beach County has seen a significant amount of development, while this property continued to remain both a nursery and a single family home. Due to the lack of contiguity between the north Parcel B and south Parcel A and their alignment, the layout of the buildings is limited to the proposed configuration, while still maintaining the 67 units originally planned for this property. The intent of the ULDC as it relates to setbacks and building separation is still being maintained as most of the buildings face open space, recreation and buffer areas. 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. The current published version of the ULDC at the time the applicant purchased the property did not contain the amended Table 3.D.2.A-6; therefore the due diligence on the property, which included several meetings with County staff, was incorrect. However, the revised site plan has been modified to the greatest extent possible to meet the actual required setbacks. The current layout of the townhouses allows for the buildings to face open space, recreation and buffer areas. The applicant had no control of the misrepresentation of the required setbacks for townhouses and therefore, special circumstances allow for an unattainable and compliant building configuration while meeting the requirements of the Palm Beach County ULDC. 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. Granting this variance will allow the applicant to achieve the original densities planned for the property at the time of purchase. Due diligence was performed on the property which included several meetings with Palm Beach County staff. Since the time that staff recognized the ULDC descrepency as it relates to Table 3.D.2.A-6, best efforts have been made to comply with the new regulations. Furthermore, buildings have been situated on-site so that they face open space, recreation, and buffer areas. Other than the requested reduction in front and side setbacks, granting these variances will not confer upon the applicant any special privilege denied by the Comprehensive Plan and/or the ULDC to other parcels of land, buildings, or structures, in the same district. 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. During the due diligence stage of the project, the applicant met with County staff and a site plan was originally laid out based on the current published version of the ULDC, which did not demonstrate the correct Table 3.D.2.A-6, property development regulations for townhouses. The applicant purchased the property based on this due diligence. 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: YES. The current published version of the ULDC at the time the applicant purchased the property did not contain the amended Table 3.D.2.A-6; therefore the due diligence on the property, which included several meetings with County staff, was incorrect. However, the revised site plan has been modified to the greatest extent possible to meet the actual required setbacks. The current layout of the townhouses allows for the buildings to face open space, recreation and buffer areas. The applicant had no control of the misrepresentation of the required setbacks for townhouses and therefore, special circumstances allow for an unattainable and compliant building configuration while meeting the requirements of the Palm Beach County ULDC. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: YES. In order to achieve the allowable density, while providing drainage, landscaping, buffers and right-of-way, these variances to the front and side setbacks are necessary. With the exception of these reductions in the front and side setbacks, the project is consistent with the purposes, goals, objectives, and policies of the comprehensive plan and the ULDC. 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: YES. The adjacent properties will not be negatively affected by this variance request, as the buildings continue to face open space and recreation areas, as well as buffers and are sufficiently setback from common property lines. Directly to the east of Parcel A, on the church property, is a five (5) foot compatibility buffer, a dry retention area, and parking lot. Therefore, the church will not be negatively affected by the approval of these variances. Furthermore, the residential units in both the Willoughby Farms PUD and the Concept Homes of Lantana will not be negatively affected by these variances, as there is already a significant buffer in place along the western property line of Parcels A and B and the south side of Parcel A.
AGENCY COMMENTS No comment ZONING COMMENTS No comment DEVELOPMENT ORDER The development order for this particular variance shall lapse on 03/16/08, two years from the approval date. (DATE: MONITORING:Zoning) BOARD OF ADJUSTMENT CONDITIONS Prior to DRO Approval, the applicant shall have the approved variance, pursuant BA-2006-210, labeled on the Approved Site Plan. (DRO: EVENT: ZONING)