LEGAL APPROVAL
CITY of
BOYNTON BEACH
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Beach Blvd.
Florida 33425-0310
(407,) 738-7490
OFFICE OF THE PLANNING DIRECTOR
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17 February 1989
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Mr. Robert Fetrow
Gator Engineering Services
200 Knuth Road
Boynton Beach, FL 33436
RE: A & A Investment
Parking Lot Variance
Dear Mr. Fetrow:
Please be advised that on Tuesday, February 14, 1989 the Planning
and Zoning Board approved your request for a parking lot
variance.
If you have any questions concerning this matter, please do not
hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
(]tt~/XVlJS. ~LM.,~~~-
Carmen s. Annunziato, A~P~ .
Planning Director
jbks
cc: City Manager
Technical Review Board
Central File
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MEMORANDUM
February 6, 1989
TO: CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
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FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
RE: A&A INVESTMENTS MEDICAL OFFICE BUILDING
PARKING LOT VARIANCE
Section 5-145(c)(4) of the Code of Ordinances requires that when
a variance to Section 5, Article X, Parking Lots is requested,
the Technical Review Board must forward to the Planning and
Zoning Board a recommendation, and that the recommendation
forwarded is to be made part of the public hearing proceedings.
To that end, this memo is forwarded, consistent with 5-145(c)(4).
Robert E. Fetrow, project engineer for' Michael H. Agnello, is
requesting a variance to Section 5-142(H)(3) "Driveways" of the
Parking Lot Regulations which requires, among other things, that
no driveways may be constructed closer than 180 feet to the
intersection of the rights-of-way lines on collector and arterial
roads. The property in question is located on the south side of
West Boynton Beach Boulevard, east of N.W. 3rd street. In this
instance, the applicant is requesting to be permitted to provide
a 20 foot wide driveway onto West Boynton Beach Boulevard
approximately 127 feet from the intersecting right-of-way lines
between West Boynton Beach Boulevard and N.W. 3rd Street. The
variance application has been submitted in connection with an
application for site plan approval to allow for the construction
of a parking lot to serve an existing single-family residence
which is proposed to be converted into a medical office building.
For an explanation of the code requirement, the nature of the
variance requested, and the variance justification, please refer
to the attached Notice of Public Hearing and application.
On Thursday, February 2, 1989, the Technical Review Board (TRB)
met to review the plans and documents submitted and to formulate
a recommendation with regard to the variance requested. After
review and discussion, the Technical Review Board recommended
approval of the variance request as submitted. The basis for
this recommendation was that the applicant would be unable to
access his property if required to not have a driveway within 180
feet of the intersection of the rights-of-way lines.
CA~;N s~uNzd~
JJG:ro
cc Technical Review Board
Central File
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APPLICATION FOR VARIANCES
TO PARKING LOT REGULATIONS
City of Boynton Beach, Florida'
Planning and zoning Board
,.This application must be filled out completely and accurately and
submitted in two (2) copies to the Planning Department. Incomplete
. . applications will not ~e processed.,
Please Print Legibly or Type all Information.
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1.
Project Name of
\=?e~ ''''(1
-SO"~To~9
Site Upon Which Parking Lot
Lo1' h-.c>o,-\,o~ 10
-Seb.c\...\ ~"c:::> \
is Located:
-:S2"~ \J.
2. Date this Application is Submitted: -c::E:c::::. q. V:::;SS
.
. . . to'
Address:
Applicant's Name (person or business entity in whose name
this application is made) :
h. <t h \ M Va-<,.l"'l ~
4c:::> \ "Z --S 1-l E LL.. L::>C?~'''''' ~ LlJ
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3.
: .
01 ... .
Phone:
4.
Agent's
Phone:
Name (person, if any, representing applicant) :*
~6ee.l "12.. -\--9='''''''} V~. .
~~\.oe e.lY",'>.lEG(2.I~~~""'~_
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-(~Go-foa{ ". . ......
Address:
s.
* A letter from the applicant or owner authorizing the agent
i~ ~~~u~E~E_~_.__.. '''_._'
Pro~erty Owner's (or Trustee's) Name:
tVt L \.\ ~ b l- ~. ~ N E.I \.J""""}
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Phone: ~~-r) -'-=32- 88~p:::'
Correpondence Address (if different than appl~cant or agent) *:
-- ......- ...._,- .. -.. .,'"' -.- ..~.... ....
Address:
6.
* This is the address to which all agendas, letters, and
other materials wil+ be mailed.
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'.::.. . ~-:- 7. - What. is applicant I s interest in the premises affected? /f'". "'5 f t-JCJJ
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(Owner, Buyer, Lessee, Builder, Developer, etc.)
B.. street Address or Location of Site Upon Which Parking Lot
is Located:
. ~Z& '\J. ~''N(00 ~l-\ - ~~.
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9. Legal Description of Site Upon Which Parkin~ Lot is Located:
1o~-6 5> ~~ . ~~~ ~E ~ \0'
~vtJTO..j ~e\'1'&A-r~'" -:e:,\-Z "
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10. Intended Use(s) of Site Upon Which Parking Lot is Located: .
11. Developer or Builder:
12.
13.
14.
15.
16.
17.
lB.
19.
Architect:
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Landscape Architect: ~/~
Site Planner: ~~G ~UJ~
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Engineer:
Surveyor:
Traffic. Engineer:
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Copy of last recorded Warranty Deed.included? (check)
"'." . .. .. 0,.__1 ... .a a a ....._. ___..___a...... ....
Letter authorizing agent (if any) included? (check)
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20. Site plan and survey (2 copies each) attached? (check)
...............J.....-T-..-......... '. ....-.... ............. ............... a. ............... ..... .......,.. .. ...t
21. Number of variances re~uested on the following shee.ts; . r .-
Note: See attached fee schedule for variance filing 'fee.
Additional fee(s) are required if more than one (1)
variance is requested.
,
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Planning Dept. 5/B2
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The undersigned hereby petitions the Planning and Zoning 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:
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0<2. ~U~\'1 \\4oeou6t\.\"t=t::..<Ze\..... .\<~...
Nature of Variance Requested: ~LL.(''H,..J \~?-r~u, ~\' od oc=..
Ke~'f"V:,\ lo\ \~\"E~h"'1 ~\"\~ c::::Ne \~~.HJeeo2:"(:::>
---A-\= e"l ""1'" OP->o ') t=erT~oo./\ IUfe~'"f''''..J
0;:= 1~1i \-\""{- oc::: - \Jl::...'-J L,.,JE<<? E:..~u1--c:?""=>1~cG
\~ . .. :",ut>.;;; -~ Q\JG' bL.lO'<2eo b.~o ~'''''*tY-
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Statement of Special Conditions, Hardships, or Other Reasons Justi-
fying the Requested Variance (attach additional sheets if necessary) :
~h.e~..\P - c:~ h~~~ \'J\~"\J'" <><= '2.><c~s "k
) ~e\L' ""rn _ __ _-,--=::__
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(I) (We) understand that this application and all papers or p~ans '
submitted herewith become a part of the permanent records of the
Planning and Zoning Board. ,
(I) (We) hereby.certify that the above statements and the state-
ments or showings made in any papers or plans submitted herewith
are true to the best of (my) (our) knowledge. This ication
will not be accepted unless signed below
Signature of AP~l~ant or Agent:
Date: /zA/~
Planning Dep~. 5/82
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WARRAt;lTY DEED
. 'HDivID. TO IHDIVID
. It-lfr::ri.;lJesf'le~RM 01 . ,.. .
251~
May
A. D. 1987 by
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'Iltis 'MIarranty Deed Mado "10
day of
, ,
ROGER D. LABADIE,. a single man, and PHILIP SNEED, joined by his wife, STELLA SNEED
'ulreln~1ier .called ,h;', {Jr~~i6i~''';b
10 .: I'" ~ ~ .
MICHAEL 'il: AGNELLO and ANGELO A. AGNELLO, as Tenants in Common
whoso poslolllce address Is . 4012 Shelldrake Lane', Boynton Beach, Florida 33436
herolnaflor callod ,he' {Jranlel1:
(Wherever ,,,cd h.roin Ih. lums "lIranlnr" and "~ranl"" Include all ,he parlie. 10 Ihis In..rumenl and
Ihe he in, leICal upr"enl.l;..,s and a"iKns or Individuah, and ,he succcllun and a,,;xns 01 corporalions)
ltIUnesseth: T/lal ,liP uranlor, for anel In conslelerallon of ,lie sum of $10.00 and olher
vulualllo conslcloral/ons. recelpl wlloreofls 'IPrellY acknou,l(.cluecl. Ilereby oranls. bargains, ~ells. allons. re-
mises. roleases, convoys anel confirms unlo Ille oranlee. all ,1101 cerlain larld silllate in Palm Beach
Coullly. Florida. vl%: .
Lots 5 and 6, less the North ten feet thereof, Block 2, BOYNTON HEIGHTS
ADDITION TO THE TOWN OF BOYNTON, FLORIDA, REVISED PLAT, according to the
Plat thereof on file in the office of the Clerk'of the Circuit Court in
and for Palm Beach County, Florida, recorded in Plat Book 10, Page 64. "
Subject tO'easements, reservations and restrictions of record.
.
101
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87-176926
Con 70,000.00 Doc 350.00
JOHN B DUNKLE, CLERK - PB COUNTY, FL
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logether- willi all ,he 'enemenlJ. heredflamenls and appurlenances ,llorelo 1,elonolng or In an)'-
wlsa C1pper'alnlno.
10 flaue and to ~old, ,he .ame In fee simple forever.
ilnd ,he granlor here1,)' covenants wflh sold granltJe Ihat ,he granlor Is lawfull)' .el:od of sold land
In fee simple; lha' ,he aran'or has good right and lawful au,horit)' 10 roll and convey said land: thaI ,he
granlor here1,)' fully. warrants ,he Illle '0 saiel land and will defend ,he .ame against ,he lawful claims of
all person. whom,oever; and ,hat .ald land b free of all encum1,rances. except taxos accruing su1"equenl
'0 Decem1,er 31, 19 86.
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]n 1.t:fitness ~hereof, the .ald oran,or har signed and realed theso presenb the day and year
(Irst a1,ove 'wrfUen.
SI neel. .ealeel anel
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STATE OF
COUNTY OF
FLORIDA
PALM BEACH
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SPACE tnow '01 UCORDllS USE
.
J HEREBY CERTIFY that on tbis day, beCore me, an oHiccr duly
authorized in the Slate aforesaid and in tbe County aCorelaid to lakc
acknowledgmenu, personally appeared
ROGER D. LABADIE, PHILIP SNEED and STELLA SNEED,
his wife,
to me known to. bc !be prrspn S delcribed in and who exccuted thc
Coregoing inllrumcnt;;nd-tl{::t:Hey acknowledged beforc mc that they
'~U~.!(e~~utecl.thi' . Jame:""~. .:::.'.....:.,~..
"i!: fJ ' "4 ,: \" J. (L. #.' ..... of
::j.~~,f:-,'i:.,1\ \......W'TNESS;1my.~h~1)d and oHielal leal 'n the
. .:!':' .:",.. ':'. ," . '.i:itl...aCorc'sild"'iliis ~
.... ....1'- /'.U". ~J :... or.' . . _",~:: . A. D. 19
.~1';itJ1I.~,Y;,~ :>"......rJlr... .May. . ";'1: :,. .:t'._,. ~
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~'~"I~:::.';~...""~.. 1-./ C ~'^.'!I'.~~L, .. . .
'Jrlr'''/. '" tf. - ,...r..,....i:i'h . THOMAS J WOOLLEY, JR. RECORD VERIFIED
.~,~.1{'.~.,~JmV~~u~l~{Wtt~~, ~.~.~.IDl Post Office Drawer JJ . . PALM BEACH.COUNTY, FLA. '.
Addrt'.rsf :CGIlJIts&lOk"[tP:~1..IlA.Y~~,~~\.989 Bo nton Beach, FL' 33425. JOHN B. DUNKLE
. ..." ........ tal/DeO l\1IlU),["I~~~!--.1.Ii~.,.\1~\~_t.."'Y'" ._..coo..#.............."'.r,.....~._~~,..........,...CLERK.CI~C~!.!..;.e.~~~~ :=.
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MEMORANDUM
May 11, 1989
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TO: Carmen S. Annunziato, Planning Director
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FROM:
Tambri J. Heyden, Asst. City Planner
RE: Summary of Events Regarding A&A Investment Medical
Building - File Nos. 187 & 194
As requested by the City Manager's Office, the following is a
summary of the course of events regarding A&A Investment medical
building, located at 326 W. B9ynton Beach Boulevard, from the
date permits for interior improvements were pulled to convert the
existing building to a dentistry leased by 3 dentists up to the I
present status of the project:
5/10/88, 1/30/89:
Plumbing and electrical permits were applied
for respectively.
Plumbing and electrical permits were issued
respectively.
plumbing and electrical permits were finaled
respectively.
4/13/88, 7/22/88:
4/18/88, 7/25/88:
7/7/88:
Lessees were cited by Code Enforcement
Division for operating a dental facility
without an occupational license - Code
Enforcement Case #88-20002196, #88-20002197,
#88-20002198.
8/17/88:
Date of certified violation notice informing
lessee to appear at the 9/21/88 Code
Enforcement Board hearing.
9/21/88:
The above referenced code enforcement cases
were postponed at the Code Enforcement Board
meeting until a Special Code Enforcement
Board Meeting held 10/6/88.
10/6/88:
Code Enforcement Board granted lessees 6
months (until 4/4/89) within which to obtain
an occupational license, after which time a
lien in the amount of $250.00 a day per case
would be filed by the Code Enforcement
Division.
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11/28/88:
Site plan application received by Planning
Department for construction of a parking ldt.
A parking lot that meets the requirements of
Appendix A, Section 11.H.16 and Chapter 5,
Article X, did not exist on site to serve the
new use.
12/9/88:
12/29/88:
Parking lot variance application received by
Planning Department. Processing fee and
authorization letter were not received. A
parking lot variance was needed to allow
continuation of an existing driveway that is
located closer than 180 feet from the
intersecting rights-of-way lines of W.
Boyntpn Beach Boulevard and N.W. 3rd Street.
Planning Department transmitted copy of
parking lot variance application
to City Clerk, without the missing documents,
to begin preparation of newspaper
advertisement for the 1/10/89 Planning and
Zoning Board Public Hearing. The applicant
was granted additional time (until 12/29/88)
to submit remaining documents without
jeopardizing time frame for approval.
Owner, Michael Agnello, appeared at City
Commission public audience (see attached
minutes). Briefly, Mr. Agnello expressed
that he felt the parking lot variance which
he was required to file was in conflict with
the Urban Design Plan for Boynton Beach
Boulevard. Commission agreed to place
Boynton Beach Boulevard plan discussion on
the agenda for the next City Commission
Meeting.
Technical Review Board postponed discussion
of parking lot variance and site plan request
until remainng variance documents and fee
received.
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12/12/88:
12/20/88:
1/26/89:
Planning and Zoning Board continued public
hearing for the parking lot variance to next.
meeting, 2/14/89; remaining variance
documents and processing fee still had not
been received by Planning Department.
Parking lot variance documents and processing
fee received by Planning Department. Parking
lot variance and site plan request
rescheduled for 2/2/89 Technical Review Board
Meeting.
1/10/89:
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2/2/89:
Technical Review Board recommended approval
of parking lot variance and site plan request
subject to staff comments (see attached
memos).
2/17/89:
Planning and Zoning Board unanimously
approved the parking lot variance and
unanimously recommended approval of the site
plan subject to staff comments and with the
stipulation that staff provide the applicant
with a list of those Boynton Beach Boulevard
design guidelines that the applicant can
comply with (see attached minutes).
Planning Department forwarded a list of
elements. from the Boynton Beach Boulevard
Urban Design Plan which cou~d be incorporated
by the applicant into the site plan request
(see attached memos dated 2/15/89 and
2/17/89).
2/14/89:
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3/8/89:
3/16/89:
3/30/89:
City commission unanimously approved the site
plan subject to staff comments and required
incorporation of only one element from the
"Boulevard Plan" into the site plan
requested: 2 Washingtonia Palms along Boynton
Beach Boulevard (see attached minutes).
Demolition permit for carport submitted to
Building Department, permit #89-775, and tree
removal permit submitted to Building
Department, permit #89-777. (Tree removal
permit was voided-not issued.)
Demolition permit issued.
Demolition permit inspected and finaled.
Permit to build rear buffer wall and install
landscaping submitted to Building Department,
permit #89-1218, paving permit submitted to,
Building Department, permit #89-1219, and a
temporary certificate of occupancy (see
attached copy) was issued for 60 days (until
5/30/89) by Deputy Building Official. The
condition of the temporary certificate of
occupancy is "to complete approved site
plan".
2/21/89:
3/1/89:
(]j)
If vA- ;fAJue!Jf/'-fed-
4/4/89:
six month time extension granted by Code
Enforcement Board to apply for an
occupational license (and therefore construct
a parking lot) before a lien will be filed,
expired.
Code Enforcement Division instructed by
Building Department to postpone filing Code
Enforcement Board lien.
Week of 4/4/89:
4/12/89:
Buffer wall permit (and landscaping) #89-1218
approved by Building Department. This permit
has not been issued to date since it has not
been picked up by applicant. Contractor
has not been assigned.
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4/13/89:
Paving permit #89-1219 transmitted by
Building Department plans reviewers to
Engineering Department for review. Permit
was approved same day. This permit .has not
been issued to date since it has not been
picked up yet by the applicant. Contractor
has not been assigned.
Summary to Date:
1. Parking lot, buffer wall and landscaping permits have not I
been issued, but have been ready for pick up since 4/13/89.
2. Temporary certificate of occupancy expires in 19 calendar
days.
3. Code Enforcement Board six month extension to apply for an
occupational license expired 37 days ago from today's date.
4. No construction activity has taken place on site since
3/16/89.
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TAMBRI J. H~EN
TJH:frb
Encs
cc: Jim Golden
Central File
AAMED.511
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Planning & Zoning Board of
the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:30 P M.
on January lO, 1989, at Prime Bank Plaza, 2ll South Federal
Highway, Boynton Beach, to consider an application for a
parking lot variance on the following described property:
Applicant:
A & A Investment
Owner:
Michael H. Agnello
. .
Agent:
Robert E. Fetrow, P.E.
Legal
Description:
Lots 5 and 6, less the North.lO feet
Block 2, BOYNTON HEIGHTS ADDITION TO
THE TOWN OF BOYNTON BEACH, FLORIDA,
REVISED PLAT, according to the Plat
thereof on file in the Office of the
Clerk of the Circuit Court in and for
Palm Beach County, Florida, recorded
in Plat Book lO, Page 64.
Location:
326 West Boynton Beach Boulevard
Boynton Beach, FL
Requested
Variance:
RELIEF FROM ARTICLE X - PARKING LOTS,
Section 5-l42, Required Improvements
of the Boynton Beach Code of
Ordinances
(h)(3) Driveway
No parking lot driveway may be
constructed closer than thirty (30)
feet from the intersection of the
right-of-way lines along local
streets and one hundred eighty (180)
feet along streets of a higher
classification as shown on the City
or County thoroughfare plans.
Proposed
Variance:
Variance requested to allow installa-
tion of parking lot driveway within
l80 feet from the intersection of
right-of-way lines. The exact
distance is equal to 127 feet. This
is the only means of access to the
parking lot area.
All interested parties are notified to appear at said
hearing in person or by attorney and be heard. Any person
who decides to appeal any decision of the Planning & Zoning
Board 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.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH
cc: Mayor and City Commission
City Manager
City Attorney
City Planner
J. Costello
Recording Secretary
PUBLISH: THE POST
December 25, 1988 and January l, 1989
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MEMORANDUM
January 31, 1989
TO:
FINANCE DEPT.
FROM:
JAMES J. GOLDEN, SENIOR CITY PLANNER
PROCESSING OF CHECKS
<Ii .
RE:
Attached please find the following checks:
Dale Construction Corp., Lake Worth Christian School, Height
Exception, in the amount of $125.00;
Jean Robert Joseph & Edna Joseph, Environmental Review Permit, in
the amount of $200.00;
Laura Leigh Martin and Lawton M. Martin, Environmental Review
Permit, in the amount of $150.00;
A&A Investments, Variance Payment, in the amount of $400.00;~
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Organi-Grow, Inc, Environmental Review Permit, in the amount of
$200.00;
T.B. Gietz Construction, Inc., Eastgate II at Hunters Run, Site
Plan Modification, in the ~mount of $200.00;
Florida Construction Planners Corp, Safe Keeping Self Storage,
Site Plan Modification, the amount of $200.00;
Summit Assoc., Hunters Run, Essex, Site Plan Modification, in the
amount of $200.00;
Summit Assoc., Hunters Run, Bristol, Site Plan Modification, in
the amount of $200.00;
summit Assoc., Hunters Run, Windsor, Site Plan, in the amount of
$350.00;
Estates at Hunters Run, Site Plan Modification, in the amount of
$200.00;
Eastgate at Hunters Run, Eastgate I, Site Plan Modification, in
the amount of $200.00;
High Ridge country.Club, Inc., Site Plan Modification, in the
amount of $200.00;
Universal Medical Bldg., Bethesda Medical Office Bldg., Site Plan
Modification, in the amount of $200.00;
Account numbers for deposit are indicated on the back of the
checks.
Jii: V- ft!JL-
J ES .:I. GOLDEN
JJG:ro
Attachments
cc Central File
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January 26, 1989
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Mr. Jim Golden
City of Boynton Beach
200 N. Seacrest Blvd.
Boynton Beach, FL 33425-0310
RE: A & A Investments Parking Lot Project
Dear Mr. Golden:
This is authorization for Mr. Robert Fetrow
of Gator Engineering Services to act as agent in
matters concerning the A & A Investmenhs Parking
Lot Project.
Sincerely,
/!JJJ1t ~
Michael H. Agnello, Owner
cc: R. Fetrow
G)
MEMORANDUM
December 30, 1988
TO: CHAIRMAN AND MEMBERS
PLANNING AND ZONING BOARD
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FROM: CARMEN S. ANNUNZIATO, PLANNING DIRECTOR
RE: A&A INVESTMENTS-PARKING LOT VARIANCE
It is recommended that the public hearing for the
above-referenced request be continued to the February 14, 1989
meeting at 7:30 p.m., as the application fee has not yet been
submitted and the Technical Review Board postponed their
recommendation due to a pending site plan resubmittal at the
February deadline.
C!.-~ - --A (/1
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CARMEN S. ANNUNZIATO
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CSA:ro
cc Central File
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MEMORANDUM
TO:
Mr. Carmen Annunziato
City Planner
FROM:
Betty Boroni
City Clerk
DATE:
December 19, 1988
RE:
Planning & Zoning Board Meeting of l/lO/89
. .
Attached please find a copy of the following advertisement
scheduled to be published in The Post on December 25, 1988
and January l, 1989 for the Planning & Zoning Board meeting
of January lO, 1989:
NOTICE OF PUBLIC HEARING: Parking Lot Variance
A & A Investment
(Michael H. Agnello)
pc
.5lv
Attachments
cc: City Manager
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Bett oroni
RECEY\7ED
DEe 20 1988
PLANNiNG JiPT.
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MEMORANDUM
December 12, 1988
TO: BETTY BORONI
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
. .
RE:
A&A INVESTMENTS
PARKING LOT VARIANCE
Accompanying this memorandum you will find a copy of the
application and related documents for the above-referenced
request. The following items have not yet been submitted and
will be forwarded to your office upon submittal to the Planning
Department:
1) Check in the amount of $400.00
2) Letter authorizing agent
Please advertise this request for a public hearing before the
Planning and Zoning Board at the January 10, 1989 meeting.
Ai-- tc. ~
J~ES J. GOLDEN
JJG:ro
Attachments
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