PALM BEACH COUNTY
PLANNING, ZONING AND BUILDING DEPARTMENT
ZONING DIVISION
BOARD OF ADJUSTMENT
STAFF REPORT
1/19/2006
AGENDA ITEM
BA-2005- 01690
CODE SECTION
1.F.4
Residential Development
1.F.4
Residential Development
REQUIRED
60 ft front
PROPOSED
48 ft front
VARIANCE
12 ft
33 ft side interior
20 ft side interior
13 ft
SITUS ADDRESS:
9478 Yearling Dr Lake Worth 33467
AGENT NAME &
ADDRESS:
None
OWNER NAME &
ADDRESS:
PCN:
Brad Fishel
9478 Yearling Dr
Lake Worth FL 33467
00-42-44-19-01-005-0010
ZONING DISTRICT:
AR
BCC DISTRICT:
None
PROJECT MANAGER:
Timothy Sanford, Planner I
LEGAL AD:
LAND USE:
Denise & Brad Fishel, owners, to allow a proposed accessory dwelling to encroach into the
required side interior and front setbacks. LOC: 9478 Yearling Dr., approx. 0.35 mile E of SR-7
and approx. 0.72 mile S of Lake Worth Rd., within the Palm Beach Ranchettes Subdivision, in
the AR Zoning District (PET: 2005-584).
LR-1
S/T/R: 19-44-42
PETITION #:
2005-00584
LOT AREA:
1.01 acres
LOT DIMENSIONS:
220 ft x 200 ft
CONFORMITY OF
LOT:
Non-conforming
CONFORMITY OF
ELEMENT:
Non-conforming
TYPE OF ELEMENT:
Addition
ELEMENT SIZE:
31.90 ft x 22.29 ft
BUILDING PERMIT #:
None
NOTICE OF
VIOLATION:
None
CONSTRUCTION
STATUS:
Proposed
APPLICANT
REQUEST:
To allow a proposed accessory dwelling to encroach into the required side interior and front
setbacks.
STAFF SUMMARY
Subject Property
AERIAL
The subject property is located at 9478 Yearling Drive, approximately 0.35 mile east of State Road 7 and
approximately 0.72 mile south of Lake Worth Road, within the Palm Beach Ranchettes Subdivision. The property
has a Future Land Use of Low Residential and a Zoning designation of Agricultural Residential (AR). The applicant
is seeking a variance to allow a proposed accessory dwelling to encroach into the required side interior and front
setbacks. The proposed accessory dwelling would be used for the applicant’s parents due to deteriorating health
and financial problems. The applicant has received numerous letters from neighbors supporting the variance
request.
WEST
SOUTH
SURVEY
STAFF RECOMMENDATIONS
Approval 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. Special conditions and circumstances exist that are peculiar to the parcel of land since the lot is a double
frontage lot that faces both Yearling Drive and Fargo Drive. Also the applicant's house is oddly positioned on the lot,
which hinders and reduces the potential building capability.
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, due to the house being
constructed in a diamond-shaped configuration on the lot, which makes the lot have double frontage. The legal
address is Yearling Drive, however if the legal address was Fargo Drive, the setbacks would be different and no
variance would be needed.
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 use is reasonable in that the use of the property is not too intensive or excessive for the lot and the
neighborhood. Many other properties in the surrounding area commonly enjoy accessory dwellings similar to the
one the applicant is proposing. The applicant received letters from numerous neighbors supporting the variance
request and has direct support from neighbors closest to the applicant.
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. The existing hardship is that without a variance the accessory dwelling will not fit on the property without
encroaching on the main house. The proposed accessory dwelling will comply with the County's building
requirements as it relates to size and design and will not adversely affect the surrounding area.
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 grant of the variance is the minimum variance that will allow for a comfortable setting for the applicant's
parents who would reside in the accessory dwelling. The applicant received letters from numerous neighbors
supporting the variance request.
6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND
POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE:
YES. The request is compatible with the surrounding area and would not negatively impact the neighborhood, the
surrounding homes, or our neighbors. The proposed accessory dwelling will comply with the County's building
requirements as it relates to size and design and will not adversely affect the surrounding area.
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 nor is it detrimental to the public welfare.
The request is compatible with the surrounding area and would not negatively impact the neighborhood, the
surrounding homes, or our neighbors. There is no landscaping or buffers that would be impacted.
AGENCY COMMENTS:
SURVEY:
1. (resolved) Provide a digital file of the legal description for this project in a 'Word' or 'Text' format. The legal must match the
one referenced on the map sheet of the Survey.
2. (resolved) Show all information referenced in the degal description on the map sheet of the Survey. The remainder of Tract
11, Block 25 must be shown.
3. (resolved) Label all ot the tract lines and right of way lines associated with the plat of Pealm Beach Farms Plat 3 on the map
sheet of the Survey.
4. (resolved) Identify, leader and label the existing right-of-way record information for the adjacent roadways on the map sheet
of the Survey.
5. (resolved) Label the Plat Name, Plat Book, Page, Tract and Block within the lot on the map sheet of the Survey.
6. (resolved) Provide a Bearing Base Reference to a well-established monumented line shown on the map sheet of the Survey.
7. (resolved) Show or note a comparison between field measure directions and distance with plat directions and distances on
the map sheet of the Survey.
8. (resolved) Clearly label the unrecorded plat of Palm Beach Ranchettes and labal the easements shown as in accordance
with that unrecorded plat.
9. (resolved) Tie the boundary to a Block corner from the underlying plat of Palm Beach Farms on the map sheet of the Survey
10. (resolved) Based on the dimensions shown on this Survey and the current Property Appraiser's map of the area, there
appears to be a conflict with this parcel. Verify the status of the legal description and lot configuration prior to resubmittal.
ZONING COMMENTS
No comment
DEVELOPMENT ORDER
The development order for this particular variance shall lapse on 1/19/2007, one year from the approval date. (DATE:
MONITORING:Zoning)
BOARD OF ADJUSTMENT CONDITIONS
1. By 1/19/2007, 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, simultaneously with the building permit application. (BUILDING: DATE:
ZONING)
2. Prior to the Development Order expiration (1/19/2007), the project shall have received and passed the first building
inspection. (BUILDING: DATE: ZONING)