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APPLICATION ,. APr .lCATION ACCEPTANCE DP-'::: RECEIVED BY STAFF MEMBER: FEE PAID: RECEIPT NUMBER: CITY OF BOYNTON BEACH ZONING CODe VARIANCE APPLICATION SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITIAL DATES: Please Print (in ink) or Type Submittal Date: The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): Property involved is described as follows: Lo~s) See attached leGal description Block , Subdivision Plat Book Page or otherwise described as follows: 801 N. Congress ~venue, Suite 295 Property Address Rnynt-rm RI"';:!(,,'J-l. -rlorida 33426 Reduce parking ratio from one space per 200 square feet Variance requested of qross leasable area to one space per 222 _ ??t1 ~f'Jll.:=trp feet The following documents are required to be submitted with this application to form a single package, Incomplete package will not be accepted: 1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B. North arrow C. Existing structures and paving D. Existing elevations E. Rights-of-way, with elevations F. Easements on or adjacent to the site G. Utilities on or adjacent to the site H. Legal Description J. Number of acres to the nearest one-hundredth (1/100) of an acre J. Location sketch of property K. Surveyor's Certificate 2. Two site plans properly dimensioned and to scale showing: Page 2 Zoning Code Variance Application A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular from the property lines to the closest vertical wall of structures D. Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-ot-way lines for all streets and alleys, sidewalks, turn lanes and driveways F. Elevations of the lowest finished floor ot all structures on the site 3. Certified list of names and post office addresses of property owners and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate. 4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If an aqent is submittinq the petition, a notarized copy of a letter desiQnatin~ him as such must accompany the petition. 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please orint or type): See attached Statement of Special Conditions 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; B. That the special conditions and circumstances de not result from the actions of the applicant; 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; 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; E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 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. 6. An application fee in the amount of $400.00, payable to the City of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. Page 3 Zoning Code Variance Application 8. Boynton-JCP Associates, SOl N. Congress Avenue, Name and address of owner: Boynton Beach, Floric.a . Cormac C. Conahan, Esq. Name of applicant: Hodqson Russ ]I._ndrpt..rs Hanas & r;n(")nyp~r 2000 Glades Road, Suite 400 Applicant's address: Boca Raton. Florida 33431 Ltd. Suite 295 33426 7. Applicant's phone #: 56l-394-0500 Date: l/15/98 Signature of Applicant: c: 'f fJlr- TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE 1. Property is presently zoned: formerly zoned: 2. Property Control Number: 3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from whicr relief is required): 4. Nature of exception or variance required: Date: Permit denied - Building Department 5. Case Number: Meeting Date: ~- ._----'--_._"-----~---~-----,-~-- Page 4 Zoning Code Variance Application TO BE FILLED OUT BY BOARD PLANNING AND DEVELOPMENT BOARD: Approved Aye Denied Nay Stipulations: Signed: Chairman ~- ~._'"-----_.~-_..~.._-_.- STATEMENT OF SPECIAL CONDITIONS 5.A. The Boynton Beach Mall site parking requirement is in excess of 5,000 spaces. Because of the scale of the Boynton Beach Mall, the City's Code requirement of one space per 200 square feet of gross leasable area results in excess parking spaces. 5.B. The special conditions do not result from the actions of the applicant. The nature of large centers requires a reduced parking ratio for excess of one million square feet of gross leasable area. s.C. No special privilege is conferred on the applicant in that any large shopping center user would be confronted with the same excess parking for over one million square feet of gross leasable area. S.D. The literal interpretation of the parking ratio provisions would deprive the applicant of use of the property because excess parking spaces are required by the Code. 5. E. The variance is the minimum required to avoid excess parking spaces for properly planned shopping centers of this size. Other similarly situated jurisdictions (City of West Palm Beach, Hillsborough County and Dade County, for example) require only the ratio requested. There are no other properties of this magnitude located in Boynton Beach. 5. F. The granting of the variance is in harmony with the general intent and purpose of the chapter and would be beneficial to the area involved and would be beneficial to the public in that deleting the parking deck will reduce impervious areas and address the concerns of neighboring property owners. BOCA:88740_1 (88740_1) JRN 05 '98 12:23 FR SIMON 14 ERST DEVLP 317 685 7255 TO 915613943862 P.05/13 LEGAL DESCRIPTION BOYNTON BEACH MALL PARCEL I - DEVELOPER'S SITE A tract of land located in Section 19, Township 45 South, Range 43 East, County of Palm Beach, Florida and further described as follows: Beginning at the Southeast Corner of Section 19, Township 45 South, Range 43 East; thence North 00. 59' 39" West along the East line of said Section 19, a distance of 1,898.10 feet to a point; thence South 89- 00' 21" West, a distance of 60.00 feet to the Principal Point and Place of Beginning of the following description: Thence South 88. 05' 26" West, a distance of 846.73 feet to a point; thence South 43. 32' 54" West, a distance of 57.02 feet to a point; thence South 00- 59' 39" East, a distance of 258.27 feet to a point; thence South 16. 46' 44_2" East, a distance of 199_60 feet to a point; thence South 00. 59' 39" East, a distance of 102.20 feet to a point; thence South 44. 46' 34" East, a distance of 14.45 feet to a point on the Northerly line of Boynton West Road (formerly Old Boynton Road); thence North 89. 46' 34" West, along said Northerly line, a distance of 101.03 feet to a point; thence North 00. 59' 3911 West. a distance of 146.55 feet to a point; thence North 450 00' 00" West, a distance of 214.15 feet to a point; thence North 45. 00' 00" East, a distance of 130.95 feet to a point; thence North 45- 00' DO" West, a distance of 383.00 feet to a point; thence South 45A 00' 00" West, a distance of 59.00 feet to a point; thence due West, a distance of 597.51 feet to a point; thence South 45. 00' 00" West, a distance of 120_50 feet to a point; thence North 45.00' 00" West, a distance of 31.50 feet to a point; thence South 45. 00' 00" West, a distance of 341.59 feet to a point; thence 14.58 feet along a curve to the left, having a radius of 256.00 feet and a chord of 14.57 feet, bearing South 43. 22' 07.2 " East to a point; thence South 45. DO' DO" East, a distance of 212.13 feet to a point; thence 25.00 feet along a curve to the left, having a radius of 331.00 feet and a chord of 24.99 feet, bearing South 47" 09' 49.5" East to a point; thence South 45A 00' 00" \\.est, a distance of 80.00 feet to a point; thence South 00. 13' 26" West, a distance of 76.34 feet to a point on the Northerly line of Boynton West Road (formerly Old Boynton Road); thence North 89. 46' 34" West, along said Northerly line, a distance of 384.27 feet to the point of intersection with the Easterly line of Javert Street; thence North 00. 51' 51" West, along said Easterly line, a distance of 1,228.05 feet to a point; thence South 8T 58' 21" West, a distance of 20.01 feet to a point; thence North 00. 51' 51" West, a distance of 85_00 feet to a point; thence North 87. 58' 21" East, a distance of 20.01 feet to a point; thence North 00. 51' 51" West, a distance of 1,191.23 feet point; thence North 88A 05' 26" East, a distance of 2,171.99 fe et to a. point; thence South 00. 59' 39" East, a distance of 472.86 feet to a point; thence North 88. 05' 26" East, a distance of 328.87 feet to a point OIl the Westerly line of Congress Avenue; thence South 00. 59' 39" East, along said Westerly Continued... JRN 05 '98 12:23 FR SIMON 14 ERST DEVLP 317 585 7255 TO 915513943852 P.05/13 LEGAL DESCRIPTION BOYNTON BEACH MALL PARCEL I - DEVELOPER'S SITE Parcel I~ continued... line, a distance of 130.01 feet to a point; thence North 46.27' 06" West, a distance of 56.11 feet to a point; thence South SS- 05' 26" West. a distance of 430.00 feet to a point; thence South 00' 59' 39" East, a distance of 609.99 feet to a point; thence North 88.05' 26" East. a distance of 430.00 feet to a point; thence North 43- 32' 54" East, a distance of 57.02 feet to a point on the Westerly line of Congress Avenue; thence South 00- 59' 39" East, along said Westerly line, a distance of 170.01 feet to a point; thence North 46" 27' 06" West, a distance of 56.11 feet to a point; thence South 88. 05' 26" West, a distance of 608.00 feet to a point; thence South DO' 59139" East, a distance of 230.00 feet to a point; thence North 880 05' 26" East, a distance of 340_00 feet to a point; thence South 00' 59' 39" East, a distance of 150.00 feet to a point; thence South 8S' 05' 26" West, a distance of 340.00 feet to a point; thence South 00. 59' 39" East, a distance of 229.99 feet to a point; thence North 8S- 05' 26" East, a distance of 60S_DO feet to a point; thence North 43- 32' 54" East. a distance of 57.02 feet to a point on the Westerly line of Congress Avenue; thence South 00' 59' 39" East, along said Westerly line, a distance of 130.01 feet to the Principal Point and Place of Beginning, but less and except the following 3 parcels: 1. The Associated Site as a tract of land located in Section 19, Township 45 South, Range 43 East, County of Palm Beach, Florida and further described as follows: Beginning at the Southeast corner of Section 19, Township 45 South, Range 43 East; thence North 00- 59' 39" West along the East line of said Section 19, a distance of 1.262.20 feet to a point; thence North 89' 46' 34" West, a distance of 60.01 feet to the intersection of the Westerly right-of-way line of Congress Avenue with the Northerly right-oi-way line of Boynton West Road (formerly Old Boynton Road); thence North S9. 46' 34" West, along the said Northerly right-ai-way line of Boynton West Road. a distance of 2.175_25 feet to a point; thence 164.62 feet along a curve to the right, said curve being the centerline of Mall Entrance "A" having a radius of 210_65 feet, and a chord of 160.46 feet, bearing North 22' 36' 43" East to a point, said point being the intersection of the centerline of Entrance "A" and the centerline of the Mall peripheral road; thence North 45. DO' 00" West, along said centerline of the Mall peripheral road, a distance of 185.86 feet to a point; thence continuing along said peripheral road centerline, 214.15 feet along a curve to the right, having a radius of 278.00 feet and a chord of 208.89 feet, bearing North 22' 55' 56" West to a point; thence continuing along said peripheral road centerline, North 00' 51' 51h West, a distance of 562.94 feet to a point; thence North 89. 08' 0911 East, a distance of 17.50 feet to the Principal Point and Place of Beginning of the following description: Continued... JRN 05 '98 12:24 FR SIMON 14 ERST DEVLP 317 585 7255 TO 915513943852 P.07/13 LEGAL DESCRIPTION BOYNTON BEACH MALL PARCEL I - DEVELOPER'S SITE Parcel I, continued...(The Associated Site) Thence due East, a distance of 453,76 feet to a point; thence due South, a distance of 52.50 feet to a point; thence due East, a distance of 102.74 feet to a point; thence due South. a distance of 272.00 feet to a point; thence due West, a distance of82.84 feet to a point; thence South 45- 00' 00" West, a distance of 206.53 feet to a point; thence North 45- 00' 00" West. a distance of 30.50 feet to a point; thence South 45- 00' 00" West. a distance of 356.00 feet to a point; thence 151.89 feet along a curve to the right, having a radius of 256.00 feet and a chord of 149.68 feet, bearing North 17" 51' 43.4" West to a point; thence North 00- 51' 51" West, a distance of 558.30 feet to the Principal Point and Place of Beginning and containing 6.12 acres of land, more or less. (All acreage referred to herein is for informational purposes only) 2. The Macy Site as a tract of land located in Section 19, Township 45 South, Range 43 East, County of Palm Beach, Florida and further described as follows: Beginning at the Southeast corner of Section 19, Township 45 South, Range 43 East; thence North 00. 59' 39" West along the East line of said Section 19, a distance of 2643.10 feet to a point; thence South 89" 00' 21" West, a distance of 60.00 feet to a point on the Westerly right-of~way line of Congress Avenue; thence South 88. 05' 26" West, along the centerline of Mall Entrance Road "D", a distance of 850.00 feet to a point, said point being the intersection of the centerline of Mall Entrance Road liD" and the centerline of the Mall Peripheral Road; thence South 00. 59' 39" East, along the said centerline of the Mall Peripheral Road, a distance of 189.01 feet to a point; thence South 89. 00' 21" West. a distance of 22.00 feet to the Principal Point and Place of Beginning of the following description: Thence due West, a distance of 169.07 feet to a point; thence due North, a distance of 61.00 feet to a point; thence due West, a distance of 266.00 feet to a point; thence due North, a distance of 320.00 feet to a point; thence North 61" 04' 12.5" West, a distance of 177.10 feet to a point; thence due North, a distance of 25.00 feet to a point; thence due West, a distance of 34.00 feet to a point; thence due South, a distance of 12.50 feet to a point; thence due West, a distance of 39.92 feet to a point; thence due North, a distance of 255.00 feet to a point; thence due East, a distance of 74.92 feet to a point; thence due North, a distance of 72.50 feet to a point; thence due East, a distance of 39.00 feet to a point; thence due North, a distance of 41.59 feet to a point; thence due East, a distance of 47.47 feet to a point; thence North 45- 00' 00" } Continued... JAN 05 '98 12:24 FR SIMON 14 EAST DEULP 317 685 7255 TO 915613943862 P.08/13 LEGAL DESCRIPTION BOYNTON BEACH MALL PARCEL I - DEVELOPER'S SITE Parcel I, continued...(The Macy Site) East, a distance of 410.00 feet to a point; thence South 45. 00' OO"East, a distance of 164.12 feet to a point; thence 215.82 feet along a curve to the right, ha:ving a radius of 281.00 feet and a chord of 210.56 feet, bearing South 22. 59' 49.5" East to a point; thence South 00. 59' 39" East, a distance of 828.43 feet to the Principal Point and Place of Beginning and containing lL64 acres of land, more or less. (All acreage referred to herein is for informational purposes only) 3. The 85-Ft. Canal Right-oI-Way Parcel A parcel ofland lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, said parcel being an 85 foot canal right-of-way, the centerline of which being more particularly described as follows: Commence at the center of said Section 19; North 87- 58.21" East, (assumed) along the East West Quarter section line of said Section 19, a distance of 20 feet; thence South 00. 51' 51" East; parallel to the North South Quarter section line of said Section 19, a distance of 7 -5 feet to the point of beginning of the centerline of an 85 foot canal right-of-way, to be herein described; thence North 87- 58' 21 East, parallel to the East West Quarter section line of said Section 19, a distance of 71.48 feet, to a point of curvature of a curve concave to the Northwest; thence Northeasterly along the arc of said curve having a radius of 102.50 feet and a central angle of 90.00.00", a distance of 161.01 feet to the point of tangency of said curve; thence North 02.01' 39ft West, a distance of 23.67 feet to the point of curvature of a curve concave to the East; thence Northeasterly along the arc of said curve having a radius of 282.50 feet and a central angle of 32- 07' 05", a distance of 158.36 feet to a point of reverse curvature of a curve concave to the West; thence Northwesterly along the arc of said curve having a radius of 277.50 feet and a central angle of 42- 00' 00", a distance of 203.42 feet to the point of tangency for said curve; thence North 1r 54' 34" West, a distance of 70.0 feet to the point of curvature of a curve concave to the East; thence Northeasterly along the arc of said curve having a radius of 367.50 feet and a central angle of 52- 00' 00", a distance of 333.53 feet to a point of reverse curve of a curve concave to the West; thence Northerly along the arc of said curve having a radius of 377.50 feet and a central angle of 40. 00' 00", a distance of 263.54 feet to the point of tangency of said curve; thence North 00. 05' 26" East, a distance of 143.51 feet to the point of ending of said centerline of an 85 foot canal right-of-way. Containing 2.787 acres, more or less. Leaving a total net acreage for the REIT parcel of 80.407 acres of land, more or less. (All acreage referred to herein is for informational purposes only) Continued... JAN 05 '98 12:25 FR SIMON 14 EAST DEVLP 317 685 7255 TO 915613943862 P.09/13 LEGAL DESCRIPTION. Continued... TOGETHER WITH PARCEL II Easement Rights as contained in Easement and Operating Agreement between Federated Department Stores, Inc.) Associated Dry Goods Corporation, Macy's New York, Inc. and Boynton-JCP Associates Ltd. recorded in Official Record Book 4379, Page 334, of the Public Records of Palm Beach County, Florida. JAN 05 '98 12:25 FR SIMON 14 EAST DEVLP iLIL~/i~~' ~b:qL Ob!b~bO~~~ 317 685 7255 TO 915613943862 J.N I t:J~~ I A II::. 1'Ir/wp5 S/J.~.J , ..v../27'........ r- II' ~ o .,. .... ... .. - .... o . ... . tI " 17~ ,~ .,.. o - - a.. ... 10 - .. .. ~t~LAt.. MID KMoM ALL ME. 8' THESE .aISENTe. ~ft.~ BO'N~ ~$OCIATB9. ~~ Oblo 98n.r.1 par~n.r.~iP. (.G~anto~.)' for ~ anG oa/lDD Pu_lar. CS1.OOl .nd OCb.r v.l~able ~n.id.r.tlcn. ~c.tved ~ l~ ~o l~. t~11 ..~I.f.c~lOft of 8O,~-JC. AS8OC1ATK&, LTD., . Florid. 11.1~ed part:Mr'ehlp, t"Gr.n~..."). ......0.. .,dr:-... ill 761D Merk_~ S~r.et, ,~ng.~cwn. oftlo .4512. has ,lveft, ; J'an~.d. 1'1I.'.4fd, 1'.1....d, and for_v.l' qu I ~C! let...O , and by u.... Pl'..IlI"~. .e..olut..1V vly..., .,ranta. re.le.a. nl.ase.. an~ fore~er qui~clal.. "n~o c~. ..ld Crant... its .UCge~'~., and ..eigne for...r, .11 .uch ~iGht and tlt:le .. l~. ~b.. ~. ld Gra"t.or. luIIe or ~ht to I'W". in .nG E.O the following ...- e~lbed parc.l of lend. eltueted in ~h. CO~ftty of .ala Be.eft. ~~.~~' Of Florld.. .~ ~. ~r. par~lc~1.r11 ~.cribed .. toU~. P~ReB. 1, bel"9 a ~r..C~ of 1.~~ loeatea in section 19, 7o-n- .~ip .S ~~h, ~nwo 'I !a~~. e~ftt~ af ..1. a..c~, Florida and furth.r Gescribed .. follOW.' Beginning .~ u. Ml.I~h.all~ Co'OI'"er of sectlon 19. T 4S 5.- 4)~. Yhe~ce ~ 00- s,' J'- W a)ong ~. ...t line of e.ld .actlon I'. a diatanee of 1.'..ID leee to . p:.h,t.', Thnc. B I'. 00' ll" tit . dle~.ne. of 60.00 r.et ~o . polnt en thll ...terlr rl~h~-of-~.r' lih. oC t0ft9~.. ~..ft~.. ..id potAt: .leo baihG ~h. p~lnclp.l poi..~ ...d pl.ce of tlBg......ln~ of ~h. foS.'" lvwllllG d..c:rlpt.la,u, ' . Th8n~,S ..- OS' 26. w . dlll~.ne. of 1.1.1] f..~ ~o . pOlftt_ Thence 8 .3. ]~, 5.. M . dl.t.ne. of 51.D3 re.t. ~ . pol"~' TbIInce 8 00- 5~' 3'. E . dl8~ane. of 231.'2 l8a~ to . pol~t, ~ftc. . 1.. '" 1'" ~ . dhtane. of 207.00 f..t. to _ poillt. 1'fae...~. ~ 00. s," )9- ~ . dl.t..l'lce of 130.00 reet to . pob"~; Oft t.~ nort~r1r ~lgh~-of-.ay I1n8 of Old aovneon aoed. ~beftC_ N B'. ." 3'~ _, .long .ala nortft.rl, rivht-of-.eY' U... of 014 8ef"~Oft' 1Ioe&S.. . dl.~anCe Df 1689.ZS r.et to . poln~J Thence. DO- 'I' Sl. W . ~I.t.~~. of 1221.21 f.lI~ to . Point on the ~t~- .aet.rl~ rleht-of-..y lift_ of eft. r.loe.~.a 1...... D. P.. C.-I] canel. Thenc. elonG ..1d .oUr.ta...c.- erly rlght-of-..r lln. the rg&lowi~ cau~.e.. N 8? S8' net I . Gi.t.."ce of 7:1.34 e..c to . pOl..~. 22'.7"'1 f_t along a Clu've to the left 1\8.,I"g " r..dlu. of 1'\.00 r..t anCl . eentral a""le of 90., II DjI- Ul' 1'- w .. 4"eta..ce or- ill. 151 f.et. t.o' a' poln~r 11'.5' f..l .1~ .' c:yrU8 to tb- I'IQ~t b..ing . redlY. ~ atO.OD -,..& .ftd . ~fttwal .hlle ol! 3Z" 01. 0'''' to a point I 2).. 51 r..~ .101'141 . "'1-. , " ...- P.10/13 I-'AL'II;;. . - , Ii I:; . L - I ~- - - I . ,.. ... ~- I k' , ~1t.,::t .111 . . .. . .' ~l .~J" I !.;~,:;:;' :~ ; ,; ,. ~ i:.... ,- II: ", ~. .~! 2 \ -~-- 1:I~ .. c;'u.". . ~o .the leU, tMvin.., . radlus of JZO.OO f.al. ._ a _ru..l".d. angl. of 'l'" ~o a point.., N U'" S" l"- II II dl.......... of 10,00 f..t t.o . poln~J a'. .96 (..~ .10"9 . cur~. ~o l.h. rI9~~ ~vi~ . t.dl~. of ~ZS.OO te.t .fI' . cen~ral aNi11e ot. 5Z. to . point., 2.].3:1 f..~ a10ft9 . curv. t.o t". leet "avl"cJ · radiu. of .ao.oo feet .~d a c.nt~.l _"91. ot .0. ~ . point, . 00. OS' a'. 8 B dl.~."C. of l.S.GD feet t" . pol"~ on UI. eou~be~ly d,Ohl.-ot..",., 11ne of ~h. 8Olfnw:.on C.nal. Tr-ence N 88- as~ 2'- B .10,", e.ld .oy~h.~l, ~1'''l.~E-w.y I1n.. . dletenc. oC 1118.91 te.t to a JIOln.... T"anc. 8 DO. S9' 3" & · 'cUDt.enc. af ."2." f.et to a pOint.. l'henll;. M .8. OS' iI'. & . cu.taM:. of 128.87 feer. to . paint CH' t.he ...r.elt'ly 1'1ybt-ol-wBJ' Une of CeI\O~.A. .\".tnl.. T"enee S 00. 59' ]9'" 1;, along ..ld ..et.rly dy~t.- ot-.a~ llfte of :~n~Les~ ~ven~e. ., dl.~a~Qe af \:10.01 f..r. to . ~lntJ tl'lenc. N "'" n. 01- If ., dle~anc. of 56.11 Ce.~ ~o . poin~r t~.nee S 88- O~f 3~- W . dl.~.nC. of &lO.Ob feat ~o . point, th@nce S ,00. S9' l,. C ~ tU.t.aru:. I'll 609.99 t~a~ toO · pei fit. I ~h.nce N 8.'" US', a~. t: . di,.ta"ce of .30.00 f..~ ~a . paintJ thence N I]'" la' ~4~ t . dl.~."ca of S7.02 I..t ~o a point un the ...te~ly rl~h~.ot- v.~ l1n. 0& conw~... Av.nuB' l.hence S ao- 59' 39'" & .101'19 .atd _.t.~lr rl..,ht-of-IIIfIllY Une IOf Can"re.. Avenue. dl.t.nee Of 110.01 f..e to . poln~r thane. .. ,,_ 27' 0'- .. a dl.t.anc:e of '5'. U feet; eo a point, ~h.J\ce. 8 .... OS' l'" W . dlet....ce of AOB~qD f.e~ t~ a poln~. thenee 8 00. 59' J'. ~.. dl.~.J\ce af 2JO.OO f..& l.a a pDln~. tb.n~. R 88- OS' 2'- I · dietance of 3'0.00 t..t. ta . poin~, t.henee Il DO. S9' .3.... E . .U.~.nce of LSO.OO t..t. ~o (t point. ~henee S 18- OS' Z'. ~ a dl.t."~e of 340.00 fe.t to a pol.n~. thence 8 00- 5" )9. E .. dt.t.nll;. or '229.99 f..t. ~o ... potn~1 t.henee N 88- OS' l'" E · ..t..t.n~ af 608.00 r.et. ~o . poln~r t.h.ft~e .. 13- 32' 5.- I: . cU.~."e. of 57,0'2 feet to . polllt. on l:.h. ...et.rly IC'lu"t-ol!";..y 111'1. II;IIf c:onglC'c... Avenu-. ~~.fle. 8 DD- 59' J9'" I alofty .ald .....arl, ,.i.gftt- of-",ay lifta al! CORgre.. Avell\l". di.tanc:e or 130.D1 . feet ~a It". -principal pOint .nd pl.ee af _g1n"ing and eonl.alnlftQ lDI.1D .c~.. Qf lanG, more or 1.... P..C~L. tIt 4 pe~e.l aC land l~lna in '.cilafl 1'_ T~n.~Sp .$ SOul.", "nge 41 ...t. ..1. ".cll Co\IIIIt.y, 'tor-ld., belbg, ~r. p.r~lcul.~l, de.crl~~ .. Eol1Q... e~lIIe. at tha eent.~ of ..ld aeet.lon 19, t.~.nc. . D. 51' '1. W alana t.he Mo~~h ~~~ 1/4 ~ect1on line o! ..id eaet.ion, . ~l.t.n~ of )5.00 f..r. to th- p~lhGl.p.l pol~~ .nd place of beol""l"9 of ~h. fallowlhg d..crlptianl JRN 05 '98 12:25 FR SIMON 14 ERST DEVLP l~/~~/1YYI 15:42 ~61~eb5e~9 ... .. .. - ... 1ft ~ C't .. - 317 585 7255 TO 915513943852 INTERSTATE -2- ... P.1U13 ~AGE: B3 I 1 J .~ JAN 05 '98 12:25 FR SIMON 14 EAST DEVLP ~~/~~/L~~I LC;4~ ~o~~~o~~~~ - - - L 1ft o - - .. 317 685 7255 TO 915613943862 ..LI'III:.I"'..::JIHII::. 1'hP.IIC" N O. S1. 511. w a"'''~ t.h~ ~.lti'" ~r.th SI'M,l~" II" :'tOr':;""';! ilhC' ai di.lI~""';'~ "t. llCfl.l1 Ef!ct to) l'I pnint ~ th. south ~11ht-~t-~ay lipe ~, hOyn~On Canllll r t"p.nc:u N (tit. U5' ;.I..... 1:: .lnn~ '"'0 i 01 Snuth rl'Jht-of-vay l;.n. ft dl.t..rn.~ o~ '.7.OJ4 (~et t.., · pnint., t.h.nCIS ~ o. 1J'io. 2'. W a dll!!1t.-nce at 1.U:.Cn fctp.t. 1.1) 'oil point, t.hf!!nclt .11}.lt7 feet al","f,,! ~1l ,arc:: t.o l.h" ri~ht. ...vi"" . r.a1ullI Gf :US.oo fee:~ .nd A eho~~ of 124.1S fee~ be~rin~ S lO. u~. 26- ~, UI@"C:P. 312.11J f..t atonl,l ",n In.':: ~g t.hG 1~f:l. h~yll'lg .. radius "f 41U.OD feet. .n~ a chord a~ 3~9..6 f.et h~.r.l"'il S U. Oli' .~.. 1111; tl'lenc. $ 11" S4' H" e: .. 'dl.tant.:01I o! 70.00, feet. t.o a point, t.t'lene~ 17~.:iil6 feet. ....""I,J an arc ~o the "t.".".. hav""... a r'uIL\J. of Z3S~OO ~@et and .. chO~ ~r ltift.4) fe~~ be.rln~ s .. O~" l6- v, the,n',:e ,,,.~. tll h:et alofty a" arc t.o tbco 'l,aol!t. h....,tn'" ,.. r.ct.... ':'f H~.OO feet and.. chord or: '119.81 f..t t.erln\l tJ U. lIl' 5)..5" W. t.henc. !Ii 02- 01' J9- I> a distanlt:''' .,.; z)...., feet. tl) .. pQlnu then~e 94.25 fep.~ .1~ny .n ar.e to ~he ri~ht havlnv . 'III ~adlu$ of 6U.lJO '",ot' .~"d .a chord qf' "4."'!t feot bearlny 6 42" 56' ~I~~' thane. 8 8'- 58" ~l- W .. -Stllt.An!;", ot! !ta.'o feet. to the Point r)l b8yif'l"in~ and cont.ln1ny ~.92 .cre. of land .o~ a~ l.~.. To h.v@ 8nd to bold t.he pr",is.. ...1 orella 14. wHh the .r.aP"'~t..n."c.s l.h.rcn.lnt.O belOh~iny "0 t.he $bld ~E"..,.t.ee. iota ~~cc..uOE". and GSl!!Iiyns, so t.~.t neit~e~ th8 .a\d Gr."to~. nor i~. .UCc..30E"a. nor .n1 oth~r ~c$on~ clai~ln~ ~itlp. throu~h /)'1" under t.h.... .hall Ol' .,1.1 L her:eaft.u' c:l.lllll Qr de..and al"jj' ~l~ht or ~'~l. to the pte.lse~. Ol' any pact th@r.o~J but. t~e, ahd ev.rt one of tho. .b.-ii by these presents be e.clUded .nd for-e.,er b..t~ecl. IN ~l~EHS ~~.Eor. ~he aforeeald H01n~on A$SQ~iat... br 8n~ ~h~o~~h EG-a~d J. D@~~~tolG .~d tdwar~ J. D8b..t~olft. ~r.. l~s ~6ncr~1 paTtners. have eKeeuted ~he foreyoln~ lnst.ru..n~ ~hi8 ~~ dat of Auo,,,,.t:; 19&3. ~ l\l~ ~n~ Ac~nowledwed in r..... I"reacnc@ ofl ~~.~. ?1~ -]- ,.-- P. 12/13 r -...... u.. 1 j ,~ I i I "'I [I J r -J JRN 05 '98 12:26 FR SIMON 14 ERST DEVLP 12/23/1997 16:42 5616865839 - e - - .. .... ., Ct .- - 317 685 7255 TO 915613943862 INTERSTATE P. 13/13 PAGE as IliTATlC or Otllu ) \=(JUNn 0" ""**,-. )5>>. ~.r~~.ll~ .p~3~.d before me, t~o wnd~r.l~q.d, . Not.~~ .'",blle lft 5nd r"t' .ald COUft~y ,,"IJ J;t,ate. f)S..uu'd ;j. '-".rtolo .nO lsd...rlll J. ....rtolo. Jr.. ~"own ~a ., ~o be "he ~".I:'.l plllrt.l\el's of I!IOY",,* '-S9()C(ATf:'ii, "" Ohio ".neral p.rtnerStlilp. .ho ac:Ilno"ledyed ~h.t t.~.f cUd IdU'" .tlG ...1. UlII, fore~ol."g l,.~~ru...,..lt COi'. A"G 01\ a.h.U~ of l!Ialll "'1r~n..II"jp. and u..t. th. .... I. ~h.lr f~~. .c.. .~d dead .. .u~h veneral partner. end the fr.. .et. ana deed of.said 6OynLon A.~elat.8. . I" 'I1:ltJTtIllO.n' _SMWV, I have he..aulJto .e~ ..y hand a. d o~flel.' 1Ie.1 .n TQ",...".t.C)Wn. Ohio. thla 1.t da)" of ~~1aat. 191.). Thl. In~tru..nt Prep. red 81r T~A. 1';:. ....t'o.t At.t.orl'll.".at-L.., 76l0'Nar_et StreBt 'o~n~.~Qwq,'~ "S12 --..;' tal D-. 8. .... ~ 'GO ___ su.t , Yt:NiI~.. mao ..su ---- J'L-..~ ~- No~ar1' " c ...... .... ". "-- .. ....... ......... -.I __ ....1...'".._ ... .. ____ .. ..~...t: o. .--,.----....~ ..~.! ,,*.....:...... . .... .- . 'e"".1 . ('. ..'. ..~ ....~I.... l \.t:l'.-' - -..... i ........ ....&G. : ';..'j.. ...., .. : . . ~f. .(1" .' I . ~;:! - .... "f:'-- :'r:.." ,~. ~ . "'11" . .1.... " .",,. .. -.. " :-.. . l.. ~.'....;:... -4- ... .... HUlIEACM~.~ .. .. IIUIIIC&.& as. tIIICIIT autt ., . ~ .... ..lilt _ Page 5 Zoning Code Variance Application CERTIFICATION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S PROPERTY. /p & ( APPLlC~T/AGENT ~,r '^--" G , c, ~~~~ NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL ZONING CODE VARIANCE All applications received by the City of Boynton Beach after August 1, 1985 shall be accompanied by mailing labels with the names and addresses of all property owners within four hundred (400) feet of the subject property. Applications will not be accepted without these mailing labels. CONTACT -- PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 S:\PLANNING\SHAREO\WP\FORMS\APPS\ZNCV\ZNCV.APP Junel,1997 (J( )\'F}':"\\lE:'>:T.\L CEi\:TER .. FIFTH FLOOR ::I() I :'\'( Jlall OU\E ,\\'E:'>UE \VEST P \L\l BE.\CH. FLORID.'\ 33401 TEL: \:)l) 1) 35:)-3230 F:\x: (561) 355-3963 MEMORANDUM BILLING TO: CORMAR C. CONAHANIBOYNTON JCP ASSOC TELEPHONE: GARY R. NIKOLlTS. CF.':'" PAL;',1 BE:\CH COu,r, PROPERTY .'\PPR.-\ISEH (561) 394-0500 FROM: PALM BEACH COUNTY PROPERTY APPRAISER, CUSTOMER SUPPORT DATE: 1-15-98 LISTED BELOW ARE CHARGES FOR DATA PROCESSING COSTS ASSOCIATED WITH THE PRODUCTION OF YOUR REQUEST. PLEASE MAKE YOUR CHECK PAYABLE TO: PALM BEACH COUNTY PROPERTY APPRAISER. ISS COST SUMMARY: APPLlCATIONS/DEV. SERVICES @ $40/HR.: COMPUTER TIME @ $.58/PER SECOND: PRINT LINES @ $1.0l/THOUSAND LINES: TAPE INPUT/OUTPUT @ $3.39/PER THOUSAND: TAX ROLLS SHEETS 4 TO 5 NUMBERS TO A PAGE $1.00 OTHER CHARGES: 441 LABELS: @ $4.95/PER THOUSAND 74 MAPS #19 HOURS SECONDS LINES I/O TOTAL AMOUNT DUE: $10.90 $0.45 $24.00 $0.37 $6.00 $41. 72 I CERTIFY THAT I HAVE CALCULATED THE MEMORANDUM BILLING AND TO THE BEST OF MY KNOWLEDGE IT IS A TRUE AND CORRECT RENDERING OF COSTS INCURRED BY THIS <2FFICE. ~D ~ SIGNED( ~('JLt>~n ~lliQ DATE: 1-15-98 4/16/97 . E/R AUTH GL\DES i\HE:\ OFFICE 2D76 Sr.\TE Ro..\[) 15 BELlE GUlJF~, r:L 33430 TEL: ('>G I) 9064890 \:.....,: t::;() I) 9DI>- i ()(~] NORTH COL~TY OFFICE 3188 PG:\ BLVD. P AL\! BE.\QI GARDE."S, FL 334 10 TEL: (56 I) 624-6522 F~'.;: (56 I) 775-56) 7 ROYAL PALI\1 BE/\CH OFFICE ) ] 500 OKEECHOBEE BL\D., STE. .'\ [{OY.-\L P.-\L\l BEACH, FL 334 I I TEL: (561) 790-6001 F""x: (56)) 79060 I 0 . . . SOUfH COUNTY ()FF:'.i: 50) S. C--at\;C;Ju'.",s . \ \ , DELRAY Bs>\u\. FL :<:~+.-;.-; TEl.: (56 I) 27(;"1 ~.~! . F..",: (5()))~7('..1:":~'- APPLICATION ACCEPTANCE Of - ,.. ,-\00. ov RECEIVED BY 5 ,FF MEMBER: FEE PAID: RECEIPT NUMBER: ,..- z;b L-\ \ CITY OF BOYNTON BEACH ZONING CODE VARIANCE APPLICATION SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES: Please Print (in ink) or Type Submittal Date: jQV'\v..~\ \ \ q q 8 \ The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): Property involved is described as follows: Lot(s) See l\~o...~~J \~C- '- \)erCt 19::-' Block Subdivision Plat Book Page or otherwise described as follows: Property Address Variance requested The following documents are required to be submitted with this application to form a single package. Incomplete package will not be accepted: 1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B. North arrow C. Existing structures and paving D. Existing elevations E. Rights-of-way, with elevations F. Easements on or adjacent to the site G. Utilities on or adjacent to the site H. Legal Description I. Number of acres to the nearest one-hundredth (1/100) of an acre J. Location sketch of property K. Surveyor's Certificate 2. Two site plans properly dimensioned and to scale showing: Page 2 Zoning Code Variance Application A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular from the property lines to the closest vertical wall of structures D. Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks, turn lanes and driveways F. Elevations of the lowest finished floor of all structures on the site 3. Certified list of names and post office addresses of property owners and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate. 4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If an aqent is submittinq the petition. a notarized COpy of a letter designatinq him as such must accompany the petition. 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or type) : 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; B. That the special conditions and circumstances do not result from the actions of the applicant; 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; 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; E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 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. 6. An application fee in the amount of $400.00, payable to the City of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. Page 3 Zoning Code Variance Application 7. Name and address of owner: \) 0,\ V) \0 "" - '} C 'V 1\.;; ') 0 <:' t 0.. ~ e r . L..\ <i . c. ( D L 0 {" ""'~ ~ C;..." C'O-A.c.,,^o.. V"'\, "t...:) 0' G \Q.~t"r rL~ ~ 'to'Q o Q 1> oR'-- n..c..~ -\-<- ~ J ~ ~ \ \ 8. Name of applicant: 'LcS"'\N\c.. ~ ~ I....:.o,^o.. '-Cl.v- \ 0 s.e "" 'T Applicant's address: 2-boo 6 \~ ~~J Q..~ ~ '\ 0 0 Applicant's phone #: .---:- Date: ~o.,,",. \.Sb \ ') ~ \~ 't B , . '1 q ~ - a ~o -::) ~ ( ('.A- "'r"'~ Signature of Applicant: TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE 1. Property is presently zoned: formerly zoned: 2. Property Control Number: 3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which relief is required): 4. Nature of exception or variance required: Date: Permit denied - Building Department 5. Case Number: Meeting Date: Page 4 Zoning Code Variance Application TO BE FILLED OUT BY BOARD PLANNING AND DEVELOPMENT BOARD: Approved Aye Denied Nay Stipulations: Signed: Chairman Page 5 Zoning Code Variance Application CERTIFICATION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S PROPERTY. APPLICANT/AGENT NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL ZONING CODE VARIANCE All applications received by the City of Boynton Beach after August 1, 1985 shall be accompanied by mailing labels with the names and addresses of all property owners within four hundred (400) feet of the subject property. Applications will not be accepted without these mailing labels. CONTACT -- PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE A TTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 S :IPLANNINGISHAREDlWPIFORMS\APPS\zNCv\zNCV .APP Junel. 1997 , APF'LICATION ACCEPTANCE DP - RECEIVED BY~' FF MEMBER: FEE PAID: RECEIPT NUMBER: CITY OF BOYNTON BEACH ZONING CODE VARIANCE APPLICATION SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES: Please Print (in ink) or Type Submittal Date: The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): Property involved is described as follows: Lot(s) See attached leGal description Block Subdivision Plat Book Page or otherwise described as follows: Property Address 80l N. Congress Avenue, Suite 295 Rnyn~nn Rp~~n. Plorid9 33426 Reduce parking ratio from one space of qross leasable area to one space feet per 200 square feet ppr 222 221:) ~fJll~rp Variance requested The following documents are required to be submitted with this application to form a single package. Incomplete package will not be accepted: 1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B. North arrow C. Existing structures and paving D. Existing elevations E. Rights-of-way, with elevations F. Easements on or adjacent to the site G. Utilities on or adjacent to the site H. Legal Description I. Number of acres to the nearest one-hundredth (1/100) of an acre J. Location sketch of property K. Surveyor's Certificate 2. Two site plans properly dimensioned and to scale showing: Page 2 Zoning Code Variance Application A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular from the property lines to the closest vertical wall of structures D. Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks, turn lanes and driveways F. Elevations of the lowest finished floor of all structures on the site 3. Certified list of names and post office addresses of property owners and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate. 4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If an aQent is submitting the petition. a notarized copy of a letter desi~matin~ him as such must accompany the petition. 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or type): See attached Statement of Special Conditions 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; B. That the special conditions and circumstances do not result from the actions of the applicant; 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; 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; E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 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. 6. An application fee in the amount of $400.00, payable to the City of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. --------'--_._,.._._---_._-_._._~--------.. Page 3 Zoning Code Variance Application 8. Boynton-JCP Associates, 80l N. Congress Avenue, Name and address of owner: Boynton Beach. Floric.a . Cormac C. Conahan, Esq. Name of applicant: Hodgson Russ Andrpws; ~'Jooc1 R & (;ooily!=>;:! r 2000 Glades Road, Suite 400 Applicant's address: Boca Raton. Florida 33431 Ltd. Suite 295 33426 7. Applicant's phone #: 56l-394-0500 Date: l/l5/98 Signature of Applicant: l," r tlv- TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE 1. Property is presently zoned: formerly zoned: 2. Property Control Number: 3. Denial was made upon existing zoning or sign requirements (list section(s) of Code from which relief is required): 4. Nature of exception or variance required: Date: Permit denied - Building Department 5. Case Number: Meeting Date: Page 4 Zoning Code Variance Application TO BE FILLED OUT BY BOARD PLANNING AND DEVELOPMENT BOARD: Approved Aye Denied Nay Stipulations: Signed: Chairman STATEMENT OF SPECIAL CONDITIONS 5.A. The Boynton Beach Mall site parking requirement is in excess of 5,000 spaces. Because of the scale of the Boynton Beach Mall, the City's Code requirement of one space per 200 square feet of gross leasable area results in excess parking spaces. 5.B. The special conditions do not result from the actions of the applicant. The nature of large centers requires a reduced parking ratio for excess of one million square feet of gross leasable area. s.C. No special privilege is conferred on the applicant in that any large shopping center user would be confronted with the same excess parking for over one million square feet of gross leasable area. S.D. The literal interpretation of the parking ratio provisions would deprive the applicant of use of the property because excess parking spaces are required by the Code. 5. E. The variance is the minimum required to avoid excess parking spaces for properly planned shopping centers of this size. Other similarly situated jurisdictions (City of West Palm Beach, Hillsborough County and Dade County, for example) require only the ratio requested. There are no other properties of this magnitude located in Boynton Beach. 5. F. The granting of the variance is in harmony with the general intent and purpose of the chapter and would be beneficial to the area involved and would be beneficial to the public in that deleting the parking deck will reduce impervious areas and address the concerns of neighboring property owners. BOCA:88740_1 (88740_1) ~I rv OF BOYNTON BEACH, FLORIDA PLANNING & ZONING BOARD APPLICATION FOR VARIANCES TO PARKING LOT REGULATIONS This application must be filled out completely and accurately and submitted in two (2) copies to the Planning and Zoning Department. Incomplete applications will not be processed. PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION. 1. Project Name of site upon which parking lot is located: Boynton Beach Mall 2. Date this Application is submitted: January 5, 1998 3. Applicant's Name (person or business entity in whose name this application is made): Boynton-JCP Associates, Ltd. c/o Cormac Co Conahan.F.Rq Address' Hodgson, Russ, Andre\1s, Woods & 'Goodyear (zip code) 11411 . 2000 Clades Road, CU1.te 400, Doca RatmL, PL Phone: 56l-394-0500 Fax: 561-394-3862 4. Agent's Name (person, if any, representing applicant):* Cormac Co Conahan Address: Phone: 2000 Glades Road, Suite 400 :BUCCi Ratun, lfL (zip code) 3343l Fax: . A letter from the applicant or owner authorizing the agent is required. SEE AUTHORIZATION ON FILE WITH CITY 5. Property Owner's (or Trustee's) Name: Boynton- JCP Associates. Ltd. Address: 80l N. Congress Avenue. Suite 295 (zip code) 1147.(\ Ph Boynton Beach, FL Fax'. 407 736 7907 one: 5el 7~e 7902 - - 6. Correspondence Address (if different than applicant or agent)**: Cormac C. Conahan, Esq. 'hnnCJ<::nn 'R11C::C:: ilnr'lr~'v::i Woods & GOQdY8ar. 7.000 (;1 Flnp<:: RnFln. ~l1; h:~ .dOo. ~.of.;;s ~: fl,c>en cSn~radd~Js~3t1 which all agendas, letters, and other materials will be mailed. 7. What is applicant's interest in the premises affected? Owner (Owner, Buyer, Lessee, Builder, Developer, etc.) Paqe 2 Application for Variances to Parkinq Lot Requlations 8. Street Address of Location of Site upon which Parking Lot is located: 80l N. Congress Avenue, Boynton Beach, FL 33426 9. Legal Description of Site upon which Parking Lot is located: See attached 10. Intended Use(s) of Site upon which Parking Lot is located: Shopping Center 11. Developer or Builder: Roynron-.1C'P A!';!';o("'irlh:~!';. T.+il 12. Architect: Simon DeBartolo Group/DeBartolo Prop. Mgmt. Inc. 13. Landscape Architect: Simon DeBartolo Group/DeBartolo Prop. Mqmt. Inc. 14. Site Planner: Simon DeBartolo Group/DeBartolo Prop. Mqmt. Inc. 15. Engineer: Simon DeBartolo Group/DeBartolo Prop. Mqmt. Inc. 16. Surveyor: To be determined 17. Traffic Engineer: Walker Parking Consultants/Engineers, Inc. 18. Copy of last recorded Warranty Deed included? (check) 19. Letter authorizing agent (if any) included? (check) On file with City 20. Site plan and survey (2 copies each) attached? (check) Arrivinq bv FedEx on l/6/98 21. Number of variances requested on the following sheets: One NOTE: A separate sheet must be completed for each specific design requirement (Sec.5-141) or permit application requirement (Sec.5-142) to which a variance is requested. The undersigned hereby petitions the Planning and Development Board to grant to the petitioner a variance to Article X "Parking Lots", of Chapter 5, "Building, Housing and Construction Regulations", of the Code of Ordinances of the City of Boynton Beach, Florida, as it pertains to the property described in this application, and for the reasons stated below: Section, Subsection, and Paragraph number of specific requirement to which variance is requested, and exact language contained in the Code: Section ll-H.l6(d) (2) Shopping Centers: One (1) parking space per two hundred (200) square feet of gross leasable floor space. Nature of Variance Requested: Reduce parking ratio from one (l) space per 200 feet of gross leasable floor space to one (l) space per 222.225 square feet of gross leasable floor space (4.5 spaces per l,OOO square feet). Paqe 3 Application for Varianceb to parkinq Lot Requlations Statement of Special Conditions, Hardships, or other reasons Justifying the Requested Variance (attached additional sheets if necessary): For large centers in excess of 5,000 parking spaces, a ratio of 4.5 spaces per l,OOO square feet of net leasable space yields sufficient spaces for proper level of service. Excess spaces are consistently available at presel "''Inn r",d-; n rpo"ction will n.ot res"lt in onerCapacity (See attachea mater; a: furnished by Walker) (1)(We) understand that this application and all papers or plans submitted herewith become a part of the permanent records of the Planning and Zoning Board. (1)(We) hereby certify that the above statements and the statements or showings made in any papers or plans submitted herewith are true to the best of (my) (our) knowledge. This application will not be accepted unless signed below. Signature of Applicant or Agent: Date: /fCA--- ~ \. ~ S S B ~~~ ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- SPACE BELOW THIS LINE FOROFFICE USE ONL VII Date received by Planning Department: Date reviewed by Technical Review Committee: Dates of Advertising for Public Hearing: Date of Public Hearing before Planning and Development Board: ACTION: Approved Denied Aye Nay STIPULATIONS: S:\PLANNING\SHARED\WP\FORMS\APPS\PKL v\PKV APP .WPD