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LEGAL APPROVAL Kilday & Associates Landscape Architects / Planners 1551 Forum Place, Suite 100A West Palm Beach, Florida 33401 (561) 689-5522 . Fax (561) 689-2592 E-Mail: info@kildayinc.com JUSTIFICATION STATEMENT FIDELITY FEDERAL V ARIANCE REQUEST A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; Response: The applicant is requesting a variance from Chapter 23 Parking Lots, Article II.H.3. Driveway. Distance from streets.This section states that parking lot driveways shall be constructed at least thirty (30) feet from the intersection of the right-of-way lines along local streets and one hundred eighty (180) feet along streets of higher classification. In this particular situation, the proposed driveway is located on a major arterial (Congress Avenue), therefore, the 180 foot separation is required. As indicated on the site plan submitted with this application, the applicant is proposing to construct a new bank with drive-thru lanes and completely re-design the subject site located at the northeast comer of Woolbright Road and South Congress A venue. The subject parcel is approximately 2.14 acres in size with approximately 490 feet of frontage and two (2) access points along Woolbright Road and 178 feet of frontage and no access points along South Congress Avenue. The special conditions and circumstances that exist are that the subject property as mentioned above is narrow along the Congress A venue right-of-way, As such, adding a driveway access point on Congress A venue that complies with the City Ordinance requirement of 180 feet is physically impossible. The intent of the site re-design is to create better traffic circulation for a parcel located at a major intersection where typically access is available on both public road rights-of-way. The proposed driveway is located 128 feet north of the intersection. Therefore, the applicant is requesting a variance of 52 feet. B. That the special conditions and circumstances do not result from the actions of the applicant; Response: The special conditions and circumstances do not result from the actions of the applicant. The subject property is a legal lot of record with only 178 feet of frontage along Congress A venue. It is physically impossible to meet the 180 foot requirement including the proposed driveway. JUSTIFICATION STATEMENT FIDELITY FEDERAL Page 1 of 3 C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; Response: As stated above, most parcels located at a major intersection such as this one have access points located on both public road rights-of-way. The primary difference with this parcel is that it does not have sufficient frontage along South Congress Avenue to comply with the City Code. It should be pointed out that while the proposed driveway does not comply with the City of Boynton Beach requirement, it does comply with the Palm Beach County Engineering and Public Works Department Access Management Standards requirement of 125 feet (see attached). D. That literal interpretation of the provIsIOns of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; Response: As discussed above, most intersection parcels such as this parcel have sufficient frontage on both public road rights-of-way to allow access points on both road rights-of-way. With the new site design, the applicant is proposing to add a driveway onto Congress Avenue because it is a necessity to improving a currently existing sub-standard traffic circulation situation. Specifically, north and eastbound traffic currently must currently travel east on Woolbright Road and then make a V-turn to return to one of the two (2) existing driveways on Woolbright Road. It is highly probable that existing poor traffic circulation associated with this site contributed to the failure of the previous tenant which was a bank. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; Response: As stated above, the applicant is requesting a variance of 52 feet from the 180 foot comer clearance distance City Code requirement. As indicated on the attached site plan, the applicant has located the proposed driveway the maximum distance from the intersection while maintaining the Lake Worth Drainage District's required 20 foot easement and a required 5 foot landscape buffer. The proposed driveway will only provide for right-in and right out turning movements. F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: The granting of the variance will be in harmony with the general intent and purpose of the Chapter 23 of the zoning code and, the variance will not be JUSTIFICATION STATEMENT FIDELITY FEDERAL Page 2 of 3 injurious to the area involved or otherwise detrimental to the public welfare. As indicated in Chapter 23 of the City zoning code, the purpose of Chapter 23 among other things, is to provide regulations that provide a minimum set of standards to be followed when parking lots are constructed in order to protect the health, safety and welfare of the public. Also, the purpose of this chapter is to provide a set of regulations to govern the design of the parking lot. As previously stated, the applicant proposes to re-design the parking lot in an effort to create a safer, non- circuitous traffic circulation on site and at the intersection of Woolbright. This proposal will in effect improve the operation of the intersection of Woolbright Road and Congress A venue by removing egress traffic that currently must utilize the intersection. As a result, the proposed variance and site re-design is a necessity for providing public health, safety and welfare. JUSTIFICATION STATEMENT FIDELITY FEDERAL Page 3 of 3 MINUTES- . PLANNING .AND DEVELOP:\lE:'JT BOARD BOY~TO:'J BEACH. FLORIDA OCTOBER 8. 1996 Motion Mr, Aguila moved to approve the minutes of the September 10, 1996 meeting. Mr. Wische seconded the motion, which carried 6-0. 5. COMMUNICATIONS AND ANNOUNCEMENTS A. Report from the Planning and Zoning Department 1. Final Disposition of Last Meeting's Agenda Items Ms. Heyden reported the following: · Blockbuster Video Community Design Plan Appeal - Approved by the City Commission, subject to all staff comments. · S1. Joseph's Episcopal Church Conditional Use Approval - Approved by the City Commission, subject to all staff comments. · East Ridge PUD Rezoning - Postponed. The applicant is resubmitting plans. This item will be heard at the next meeting. · Woolbright Place Master Plan Modification - Ended with the Planning and Development Board making the final determination. · Riverwalk Shopping Center Community Design Plan Appeal - Approved by the City Commission, subject to all staff comments. · Boynton Beach Community Development Corporation Parking Lot Variance - This board recommended that all staff comments be deleted except comment 9, which required the applicant to reduce the width of the driveway from 27 feet to 20 feet. The City Commission concurred with that comment and also required the applicants to move the driveway as far south as possible. The applicants have done that, and they have been able to make the driveway work without the variance. They have been able to set it back 30 feet, as required by the Code. · Boynton Beach Community Development Corporation Major Site Plan Modification - Approved by the City Commission, subject to all staff comments and 2 ~\)Gj. %e City of ~oynton ~e(U;1i ---=- 100 'E. 'Boynton 'Beadi 'Boufevartf P.o. 'Bo~310 'Boynton 'BetUfr., ~forUfa 33425-0310 City:Jfafl: (407) 375-6000 ~.5U: (407) 375-6090 September 18, 1996 Ms. L. Diana Hileman, Esq. Law Office of Allen Wm. Martincavage, Sr. 1200 S. Federal Hwy., Suite 1-201 Boynton Beach, Florida 33435 Re: File No.: Location: Boynton Beach Community Development Corporation Office PKL V 96-004 - driveway distance 2191 N. Seacrest Boulevard Dear Ms. Hileman, Enclosed is the City of Boynton Beach Development Order regarding Commission approval of your request for a variance from the Land Development Regulations, Chapter 23 - Parking Lots. Should you have any questions regarding this matter, please feel free to contact this office at (561) 375-6260. Sincerely, 'CJz:...0/l iadiL ~\ 71(ll f~bri?' Heyden, AICP Planning and Zoning Director TJH:dar Attachment xc: Central File c:devorcdc.pkl jfmerka's (jateway to tfie (jutfstream DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLOR 4a'~L m II W fE f?11 1 nl, . I t: 1, SEP '8 1996 ,I! Vi l :. .-......~~, ! r i ~~~~~~JG,ANi;-J f ., , D__tPT. i .._,.,..-"'-....-..._.......~ r APPLICANT: BOYNTON BEACH COMMUNITY DEVELOPMENT CORPORATION OFFICE APPLICANT'S AGENT: The Law Office of Allen Wm. Martincavaae. Sr. DATE OF HEARING BEFORE CITY COMMISSION: 9/17/96 TYPE OF RELIEF SOUGHT: Reauest for variance from the LOR. Chapter 23 - Parkina Lots. EXHIBIT "B" ATTACHED HERETO. 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 Appli~nt ..:L.. HAS HAS NOT established by substantial competent evidence a basis for the relief requested. The Applipant's application for relief is hereby j{ GRANTED subject to the conditions marked as "include" in Exhibit "C" hereto. 3 DENIED 4, This Order shall take effect immediately upon issuance by the City Clerk. 5. All further development on the property shall be made in accordance with the terms and conditions of this order. 6. Other: ~ o~.{ DATED: September 17. 1996 ~ ~~~, 9?6 ~/af . City lerk ~\\\\\,,,u,,''''''*-- #~ of BO".~ ~ 4. ........~ ""0 ~ ~ .c.... ....:.~cOAA,O~ ..._ ~ ~ ......... ,.... ~~\ -,. ~ == (J i "YJ.\ 0' :: =. m. m - =: D: = ::: ~1 :>:: -::;. \. 9")'0 l 0 ;: .::::, . 'J ......" ~ ..(\ -.. ..- ""'"-;::: z (" ." oS ~ 0 ......... So' DevOrdBBC~ IT I 0 ~ Parking IoU ~1. A ":\\\\" 9/4196 ~1111"'1IIl\\\\\' \JlIVI EXHIBIT "E" Conditions of Approval Project name: Boynton Beach Community Development Corporation File number: PKL V 96-004 Reference: Parking Lot Variance. File #PKL V 96-004. Planning and Zoning Department Memorandum No. 96-447 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - Lo. 'iiiii UTILITIES ~.._..- . Nr IN'" FIRE ~E POLICE Comments: 1. In reviewing plans a potentially hazardous traffic situation is observed. The ingress/egress to this / property is planned for a short distance from a major roadway (Gateway Boulevard). The close proximity, compounded by the severe elevation change of the ingress/egress presents a safety concern for traffic entering and exiting the property. Vision would be minimal, and turning maneuvers would be done on a declining roadway which causes additional acceleration/braking. 2. Oppose granting of the variance without some additional precautions and roadway changes. Redesign ofthe roadway curbing on N.W. 1st Street that would prohibit traffic to make a right turn from j Gateway Boulevard. Access to this property would be accomplished by traveling Seacrest Boulevard to N.W. 19th Avenue, and then to N.W. 1st Street, north to the property. Traffic leaving the site would still have the option of traveling north or south on N.W. 1st Street. Currently, a right turn onto I Gateway Boulevard, from N.W. 1st Street, is allowed. This would not change. DEVELOPMENT DEPARTMENT Comments: 3. The applicant continues to ignore requests for topo I information at the driveway, leaving us with no choice but to point out that any vehicle exiting the property will be well below safe sight lines to Gateway. 4. The driveway's proximity to Gateway will prohibit j eastbound Gateway traffic from safely entering the CDC parkinQ lot. , IT " Y ~CAT,ION M~ . ~~C.D~q.~k~OPOS~1l ?~~~~. T \ \ - =1\ ',L _~:: .:f: [Y-1': ,~i 1:_ :nrr~: f 91 I I . -r:- ....... Po _J ~: R~ ~ ~ ;WJJII.L:J I A" AI .: -', r-: .' ~/:, ' BT:'A." II I l:J ~....' ~ i::.. ) ; t ~ .. I !"JI I _'" .: J .:. r ~ It:. 'It" I..... .fll~ _L I I;.. -. . l~~_:, .~.;,.. .'.I-t!. 7.L)- r~) ~~ ::1 Wit] - ~ H II ~-v= ~ I i- [l!fl hilli ~ f" II I i ~'~~ I . rmTil -- 1 ,. "'.~J "I;:. ::~ J,~ :.' ': :: (( . i -~~~,l~~,~:J ~. 'fh ~l I'! It II; I ,:; ~\. .~.~ ~_\'K~ /( - .f: ~~ l~~nC~~." 'II' ........ C '\ \.-l___J . I~ -I~" -l- - -- ~ ~ ~ J.-.. ~'I " T. /'\__It -.... J.t I~ ~~ J I . ~ ~ l' ....J L 1~ L. C'~'CZ;8 _1", ,~ ~~ ,.mY ~?~ " ~ ~ ~ ~~ ~~ :~It~ ~G.}lID \ -.. ~"F\~ ~~~ Ji' ~~ ~A' .. ~ 1iJ: ;gpj .~ r..' ~_..~~ .0 . .~ It.. I :. l ..- ~ .~~y J~:II {....., ~'J .~ t '.. t .,' '- . - 0'; .' J ! 1'1-.' --J j .'1~:: ~.. =I ::' -..' ~ .!l'(~~-/~{ t;..~ i ~~ ~ - - - ~- ..u. WLD..H1 ,~..., rill -.-- ~ 1_ ~ I la- II TT If 1/ i I I I ,.J II :__~ ~ R,C ~:J.I!j . II. _ - ~ ' t3"-" . ,_\ C H . J ~I 'J -, J ~ '~1, { I ~:-. I I '- LL e L .. 't E Ror' ~-'-r, I , HI' I """T&r I Jril J;:~Ti RIa! n" -- r-n :: -1 ~-T .~~ ~l f- -.1 J ~.llL 1\ ~ K J . r I ., I I roof 1- -:-1 i t - ':="'Tl / I, '----. y ~(I J' ~.. I I L t)~ t::= :: t' -.' . \ ,r.. + 'I - T ....,..'-7iir1 [./- 'h" 1-- -__ 'h III ... r TI ~.~ ~"4... J- I t I 1-_ :r .. ~~-,I . Lt T. :. : '~~~\, '< J/I" ::-: l:""'- -~ ~~ ~I 'r:~' f ~ " \ ~~ '\ '\., oJk. . ~ . _ - .,.~ l1=; ;:! ~ ...... ~ II l V '- =-__- ':'-./.' '" -1 1 J :. ,..' . . . "". ! \'::1'. . ~fli r Il~ il ~ .. ~ ........ l!., '~llrr1i . ... --w 'I~ J' "', -- ~ ~ -~ r ; I I .-U' ,-l:..:. ..:.I~ I I" I III; , -r I! II ~ I I: I' I'll' . nl II 'lIlT '-_ .~ - - . _ I . . J -. - - 1----' .-::::7----- - .- .. :. -==- _ _ .' __'''"~ ~7.C2JI. :-'7J1AI,:/l -...' ., -.- Itl \L . - .~' '1/' ...-... - -- -,I - ~ \1: F "}I(fII;;'",:,~ll.~ -~: r""" '::, 1fTT"lIml'l~':J~.,~t~ ! I, . / ~ 11~~lilmlm -.c. [c ~ : lllIII!IHH.l~r~j !I JI'O 1/8 MILESV' I ,,'mlimg TI' : i . i ~ ~..~ TrWtn'lll ~l r I' '11'1 'I. . I.I~ i .1 ~ ; . :lr I I I'II~I! !I I if, I - . IlliIIIDlllIl :~ I III ~ IIJ I I IJ'ln~r II' ~I _; 0 400 82~~'~J~~T O"_Dr': o'l/~~ ~lIlIlli1ll!1J III ~_ p~fJ ~ :1 ,1I1~ll li~1 r ~ Page 2 Boynton Beach Community Development Corporation PKL V 96-004 . DEPARTMENTS INCLUDE REJECT 5. Exiting traffic from the CDC property does not have V sufficient space to execute a right turn onto 1st Street with sufficient space to stop for the Gateway stop sign. 6. Exiting traffic from the CDC property does not have 'V adequate visibility to safely execute a left turn without interfering with traffic entering the property from Gateway. 7. It is recommended that the driveway be relocated V southward. If parking stalls are lost on the south side, they can be added on the north side. 8. If this variance is granted it should include a development order condition for construction of a I traffic diverter at the end of NW 1 st Street (in west right-of-way) to eliminate right hand turns from Gateway onto NW 1 st Street. 9. Although not part of the variance, the easternmost ./ parking stall should be eliminated because it has practically no backup space. 10. You are reminded once again to inform the applicant that numerous issues relating to building / permits are unresolved including, but not limited to, compliance with SBC Table 600. No permit can be issued without either compliance or waivers from PARKS AND RECREATION FORESTER/ENVIRONMENTALIST PLANNING AND ZONING Comments: 11. Before a variance request can be filed a maximum effort should be made to remedy the problem and, if / impossible to minimize the request. Consider redesigning the driveway and parking and moving the proposed driveway as far south as possible. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 13. Delete comment # 2. V / 12. Delete comment # 1. 14. Delete comment # 3. 15. Delete comment # 4. 16. Delete comment # 5. v V ~. ~-~ Page 3 Boynton Beach Community Development Corporation PKLV 96-004 17. Delete comment #6. V 18. Delete comment #7. V 19. Delete comment #8. /' 20. Delete comment #10. / 21. Delete comment #11. ,./ 22. The Board recommends reducing the driveway from / 27 feet to 20 feet to move to the driveway seven feet further south of the Gateway Boulevard intersection. ADDITIONAL CITY COMMISSION CONDITIONS 23. To be determined ~crJ{ a:CDCPKLV.wPD AGENCY AGREEMENT designates THE Ll\l-1 OFFICE OF ALLEn HM. MARTINCAVAGE, SR. to act on The BOYUTON BEACH Cor1HUNITY DEVELOPMENT CORPORATION hereby behal f ot the BOYNTON BEACH COMHUtHTY DEVELOPMENT CORPORl\TION as an Agent with regard to the Rezoning Application signed and dated on March 20, 1996 and all matters in relation to said application. THIS AGREEMENT is executed this ~ day of ~r[ l ~ 1996, by and between the BOYNTON BEACH COHMutUTY DEVELOPMENT CORPORl\TION of ~~RTINCAVAGE, SR., of Palm Beach County, Florida. Palm Beach County, Florida and the LAW OFFICE OF ALLEN HM. hands the day and year first above written. IN WITNESS WHEREOF, the parties hereto have hereunto set their Signed, sealed and delivered in the presence of: BOYNTON BEACH COMl-fUNITY DEVELOPMENT CORPORl\TION: ~H'~l. M~i' tf)~ ~earst-willlams President of the Boynton Beach Community Development Corporation - HI' 'NESS fi./J~~ -~..:L_ _ "HTUESS a~ WITNESS w~4{f~-.. THE L1\H OFFICE OF ALLEN WH. MARTIlJC1\VAGE, SR. -~~\~O . L. Diana Hileman - Page Two ^gency ^greement ST^TE OF COUNTY OF The foregoing instrument was acknowledged before me this by -rAAl fA 1-1 €t1~T W: 1/ ; l1;,.,s . .t.jt! day of and L. O,'J1/\/,; ;/fel L- 1996 /I/UMlttJ who is personally known to me or who has produced identification. ~~- My Commission Expires: ':11I1 'J:lHI'lII1Sl1I Pilr l .\DIu ~"".. rnllU 0;0:108 ,.'..r'..... ~"'" l 'unr ...~':"~...~.r,:-, S3lIrJl8 LII1oPf"J I/'O'SS . 11'''''''rj v. · I r'''VOJ.ijv..: . 1.1 OOllH~ms 'S ~1"VlOO \~~"""~)/ .......:;.~~.... 4~r;:5;;.. OCTAVIA S. SliEr-noD b ~/} My cor.'''''SSIOIU rC3tlOIlli [XPiRfS \;~:1;:':i~,; June 7, 1998 . ..k:..:}.... ~~O nml'lllCY 'A'" ":SUllA.'a. It(: MINUTES CITY COMMISSION BOYNTON BEACH, FLORIDA SEPTEMBER 17, 1996 --:.~ D. Project: ~~t ~Idge PllD___~ Agent. ~;--Grant, Jr., Inc. Owner: Gary De Graf, De Graf, Inc. Location: Northeast of intersection of N.E. 4th Street and N.E. 20th Avenue Description: Rezoning - Request for master plan approval for 34 single- family units in connection with a rezoning of 5.01 acres from R-3 to PUD (Planned Unit Development) with an LUI of 7.00. Ms. Heyden advised that this request went to the TRC this morning. The applicant has to go through another resubmittal, and staff has given him until Friday at 5:00 p.m. to turn in that resubmittal in order to make the October 15th City Commission meeting. No one in the audience wished to address this item. Motion Vice Mayor Jaskiewicz moved to postpone this item until the October 15th meeting. Commissioner Tillman seconded the _~?tion, which car-ried.-a-o.. _.:::._.____ E. Project BOynt~~- Beach .Communlty Developm;;~ Cor~oratlon Office .'_ ..........__.,._..--:...,.-- Agentj,Esqtrire Law Office of Allen Wm. Martincavage, Sr. Owner: Boynton Beach Community Development Corporation Location: 2191 N. Seacrest Boulevard (southwest corner of Gateway Boulevard and Seacrest Boulevard) Description: Parking Lot Variance - Request for a variance from the Land Development Regulations, Chapter 23 - Parking L.ots, Article II, Paragraph H - Driveways, Subsection 3 to allow a reduction in distance between the driveway and the intersection of the right-of-way lines from the reQuired thirty (30) feet to approximately five (5) feet. Motion Commissioner Titcomb moved to move agenda Item VIII.C to be heard after Item VI.E. Vice Mayor Jaskiewicz seconded the motion, which carried 5-D. 15 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1996 in the percent of window coverage and the omission of a pitched roof, for Riverwalk ShoPPing Center, Subject to staff comments. Mr. Aguila seconded the motion, which carried 5-1. Vice Chairman Golden cast the dissenting vote. At this time, Mr. Aguila Suggested dealing with Item 7.F.l before Item 7.0.1, since the parking lot variance may have some impact On the site plan mOdification. Motion Mr. Aguila moved to amend the agenda and deal with Item 7.F.l next. Vice Chairman Golden seconded the motion, which carried 6-0. F. Other Parking lot Variance Boynton Beach CommUnity Development Corporation Office L. Diana Hileman, Esquire Law Office of AI/en Wm. Martincavage, Sr. Boynton Beach Community Development Corporation 2191 N. Seacrest Boulevard (southwest corner at Gateway Boulevard and Seacrest BOUlevard) Description: Request for a variance from the land Development Regulations, Chapter 23 - Parking lots, Article II, Paragraph H - Driveways, Subsection 3 to allow a reduction in distance -between the driveway and the intersection ot the right-ot-way lines from the required thirty (30) feet to approximately five (5) feet. Mr. Lewicki used the overhead projector to paint out the location. He d:Pla~e~~:~ ~~: plan and deScribed the variance. He explained that thIS parcel was re uce ramp to 1-95 was built. duced our parking lot variance application Ms. Heyden explained that because we have re 'ble the applicant has less time to process to get applicants through as qUlC~\Y asv~~:~~s' were previously required to be receive comments and respondto. the~. g:~~ requirement. However, if the site plan submitted with the site plan. ThIS IS no on 1. Project: Agent: Owner: Location: 9 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1996 goes forward, then it is subject to whatever variances are needed to be approved. There is a risk with that. An applicant can go through Technical Review Committee meetings for a site plan that needs a variance and not get comments on the variance because it may not have been turned in yet. This is exactly what happened in this case. Therefore, the applicant was progressing through the process thinking that their site plan was all right even though it contained a driveway that did not meet code and needed a variance. They did not receive the comments on the problems with this variance and the recommendation until they received their package. Because of the reduced condensed timing on parking lot variances, applicants do not get their comments on parking lot variances until the package is turned out. What made that situation worse was that the applicant was inadvertently not notified of the TRC meeting, and there are very strong comments from the Police Department and the Development Department about this variance. Ms. Heyden apologized to the applicant and advised that this occurred while she was on vacation. However, she felt very confident that even if the applicant had been there, the outcome would have been the same. Vice Chairman Golden asked if the TRC looked at the feasibility of a right turn in/right turn out driveway on Gateway in the vicinity of the west side of the building. Mr. Haag said that area was not discussed. He stated that there was a driveway on Seacrest Boulevard. Pointing to a location, he stated that in discussions with the engineer, it was felt that this would be a better location. Vice Chairman Golden asked if there is a raised median on Gateway. Mr. Haag answered affirmatively. Vice Chairman Golden pointed out that if there was a driveway there. it would be restricted to a right turn in/right turn out. Robert Fetrow with Gator Engineering Services, 200 Knuth Road, Boynton Beach, did not think a variance is needed because according to the Code, if you extend the property line along N.W. 1st Avenue and Gateway at the intersection, there is approximately 30.2 feet. Mr. Aguila stated that the interpretation of the Code is that it is measured from the right-of- way line. Mr. Fetrow advised that there was also a question of topo concerning the grade in the parking lot. He pointed out that the difference is only six inches. In his opinion, there is no problem with the traffic flow onto Gateway Boul~vard. Mr. Aguila noticed that comment 1 is merely an observation, and he did not see the need for comment 2. Ms. Heyden stated that staff feels there are other things that could be done to minimize this variance to maximize the distance by moving the driveway as far 10 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1996 south as possible and reducing the width of the driveway entrance. Mr. Haag advised that we would lose some parking spaces if the driveway to the south was rearranged. However, there are excess parking spaces. Mr. Aguila did not think it can be moved enough to accomplish anything. He said you would pick up seven feet of green on the north side of the driveway, but it does not address the parking configuration. He was amenable to having more green. Vice Chairman Golden felt this recommendation was complicated and that a lot of people would violate these restrictions. Mr. Haag clarified the issue of moving the driveway. Pointing to a sketch, he pointed out the location where staff discussed moving the driveway and reducing the width to 20 feet. You would enter the site on a diagonal and lose some parking spaces in that -area; however, we might be able to accommodate them elsewhere. Mr. Aguila felt that would only make sense if the access from the site is only coming from the south. He was not sure that was necessary or appropriate. With regard to Mr. Haag's comment about picking up parking spaces on the north side of the drive aisle, he said there is no room there because the property line cuts across the corner. Mr. Haag pointed out that parallel parking space dimensions can be used. Mr. Aguila did not think this was going to be a busy building and did not anticipate much traffic. Mr. Fetrow was in possession of a traffic report from the County estimating 32 trips per day. Mr. Girtman stated that there are only going to be five visitors per day, plus two employees, and there will be quarterly board meetings in the evening at which a maximum of 10 people will attend. He said this is a very low impact office. Mr. Haag reviewed the rest of the comments. Comment 10 is really not related to the parking lot variance. It is more related to the Standard Building Code. However, these are the comments that came forward through the parking lot variance. Therefore, this comment can be negated. Mr. Fetrow agreed with Comment 9. Chairman Dube advised the applicant that this board's decision is not final and that this request will be presented to the City Commission next week. Therefore, the applicant has a week to work out any problems with the Police Department, Development Department, and Planning and Zoning Department. Mr. Aguila felt we need to take into consideration the fact that this building ended up an unusable residence because of the widening of Gateway and the creation of the access to 1-95. Rather than tearing it down, the CDC is going to use it for a very worthwhile II MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA SEPTEMBER 10, 1996 purpose. With regard to what they have to work with as far as land and topography, there is not a lot they can do, and they are not going to be able to do some of these recommendations in the DOT right-of-way and on portions of Gateway. A lot of these comments are merely observations ot the problems that exist with the site. Granted there are problems, but they are not going to change. The elevation is not going to change. This is not a virgin piece of land that we are going to develop. We are trying to make something out of what is not ideal to begin with. Mr. Aguila feels they have done about as good a job as they could. He felt they can eliminate one parking space, which they have already agreed to do, and lessen the driveway from 27 to 20 feet if they move the northern line towards the south. Motion Mr. Aguila moved to approve the request for a variance from the Land Development Regulations, Chapter 23 - Parking Lots, Article II, Paragraph H - Driveways, Subsection 3 to allow a reduction in distance between the driveway and the intersection of the right-ot- way lines from the required thirty (30) feet to approximately five (5) feet, subject to staff comment number 9 only and a reduction of the driveway from north to south from 27 teet to 20 feet. Mr. Wische seconded the motion. Vice Chairman Golden stated that obviously there are some constraints. The applicant needs a variance for access to the site. He felt that the staff recommendation is cumbersome and tricky and people are going to violate some of those restrictions. It seems a more simple and straightforward solution that the driveway on the west side of the building allow right turn in/right turn out movements only. The motion carried 5-1. Vice Chairman Golden cast the dissenting vote. D. Site Plans Major Site Plan Modification 1. Project: Agent: Boynton Beach Community Development Corporation Office L. Diana Hileman, Esquire Law Office of Allen Wm. Martincavage, Sr. Boynton Beach Community Development Corporation Owner: 12 PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 96-417 TO: Sue Kruse City Clerk [). -r If ~qJ/Ji(U-T~ Tambri J. Heyden, AICP ....1;,--, /flY;- Planning and Zoning Director '() FROM: DA TE: SUBJECT: Boynton Beach Community Development Corporation (CDC) - Parking Lot Variance (Driveway distance) File No. PKL V 96-004 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $400.00 to cover the review and processing of the above parking lot variance has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney and City Manager. The requested variance is scheduled for the September 17, 1996 City Commission Meeting. TJH:dim Attachments A:\PKLVLCDC.NOT ... '00- 0 R-(r,l [,; '''jj ",:;-'-';'- I.!; ..'l..._.' '.._ " flUS ? I, I. NOTICE OF PUBLIC HEARING .--.1 PLANNING AND ZONING DEPT. NOTICE IS HEREBY GIVEN that the CITY COMMISSION of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, September 17,1996, at City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider a PARKING LOT VARIANCE for the following described property: Applicant: Agent: Owner: Location: Variance Requested: Legal Description: 1,: , ' \ Boynton Beach Community Development Corporation (CDC) L. Diana Hileman, Esquire Law offices of Allen WM. Martincavage, Sr. Boynton Beach Community Development Corporation 2191 Seacrest Boulevard (southwest corner of Gateway Boulevard and Seacrest Boulevard). Request for a variance from the Land Development Regulations, Chapter 23 - Parking Lots, Article II, Section H.3 - Distance from streets. Applicant requests the distance requirement of thirty (30) feet from the intersection of the Gateway Boulevard right-of-way to the proposed parking lot driveway on N.W. 1st Street be reduced to approximately five (5) feet, in connection with construction of a parking lot. Parking lot will serve an office that is planned after conversion of the existing single-family home on site. LOTS 1, 2, AND 3, BLOCK 27, ROLLING GREEN RIDGE FIRST ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGES 223 THROUGH 226, INCLUSIVE, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT-OF-WAY FOR HIGHWAY 1-95, CONTAINING 14,676 SQUARE FEET, OR 0.3369 ACRES, MORE OR LESS. A PUBLIC HEARING before the City Commission will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, September 17, 1996, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the City Commission with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK Publish: PALM BEACH POST SEPTEMBER 5, 1996 A:\PKL VLCDC, NOT c: CITY MANAGER, CITY ATTORNEY, CITY COMMISSION, PLANNING, FILES