CORRESPONDENCE
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1. This driveway serves only four parking spaces.
2. There is an existing median within the North Federal Highway right-of~way
which would only allow right-turn movements in and right-turn movements
out of this driveway.
3. After studiying the possibility of relocating the four parking spaces to
the east.side of the building, thereby eliminating the need for the'
subject driveway, it was concluded that even if the 20 foot alley adjacent
to the eastern property boundary were approved to be abandoned, there
would be insufficient room on the east side of the building to provide the
required 27 foot access aisle for the relocated apaces.
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CAIDmN -S. ANN lATO
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MEMORANDUM
9 Harch 1989
TO:
Chairman and Members
Planning and Zoning Board
FROM:
Carmen S. Annunziato
Planning and Zoning Board
RE:
Joe's Drive-in Parking Lot Variance
Section 5-l44(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-l44(c)(4).
Mr. and Mrs. Frank Brusco, owners of Joe's Drive-in have requested a variance
to Section 5-l42(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 arterial
roads. In this instance, the owners are requesting to continue use of the
existing driveway onto Federal Highway which is approximately 96 feet from
the intersecting rights-of-way lines of North Federal Highway and N.W. 8th
Avenue. 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.
The variance request is being submitted in connection with a site plan to
improve an existing, nonconforming parking lot that was used to serve Joe's
Drive-in, now a vacant building within the C-4 zoning district. The owners
wish ,to' bring the current parking lot up to code and provide additional
parking to meet the one space per 200 square feet of gross floor that would be
required for any future retail use of the existing building. The subject
driveway onto Federal Highway serves four isolated parking spaces in front of
the building that are needed to meet the 16 parking space requirement for
retail use of this site.
On Tuesday, March 7, 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 TRB recommended
approval of this request as submitted, owing to the fact that:
)
M E M 0 RAN DUM
8 February 1989
:
TO:
Betty Boroni, City Clerk
FROM:
James Golden, Sr. City Planner
RE:
Joe's Drive-In
Parking Lot Variance
Accompanying this memorandum you will find a copy of the
application and supporting documentation for the above-referenced
request. Also attached is a check in the amount of $400 to cover
the review and processing of this application.
Please advertise this request for a public hearing before the
Planning and Zoning Board at the March 14, 1989 meeting.
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~~ J. GOLDEN
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MEMORANDUM
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TO:
Mr. Carmen Annunziato
City Planner
:-
FROM:
Betty Boroni
City Clerk
RE:
February 15, 1989
Planning ~ Zoning Board Meeting of 3/14/89
DATE:
Attached please find a copy of the following advertisement
scheduled to be published in the Boynton Beach News on
February 23, and March 2, 1989 for the Planning & Zoning
Board meeting of March 14, 1989:
NOTICE OF PUBLIC HEARING: PARKING LOT VARIANCE
Mr. and Mrs. Frank Brusco
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Sett oroni
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Attachment
cc: City Manager
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RECENED
rES 15 ~1BS9
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APPLICATION FOR VARIANCES
TO PARKING LOT REGULATIONS
'.
Ci~y 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 be processed.
Please Print Legibly or Type all Information.
1.
Site
Parking Lot is Located:
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2.
Date this Application is Submitted:
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3.
Applicant's Name (person or business entity
this application is made): JYlh ~ m/)^
t~ ,C; E ,c;Y-h A-ILe
-P~ PG /)1 J)' 13r117 /! #1
(~O/)' 9'-!c3 - Rd /)".7
in whose n~e .
, ~{)OrKR A I /"().I' AJ
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Address:
Phone:
,FL (J(56&{)
- ( 105 91/ --It) I ::<..
4.
Agent's Name (person, if any, :representing applicant) : *
Address:
Phone:
* A letter from the applicant or owner authorizing the agent
. _.____ is required. ___._ _. .. _ _._ _ ._____---._.-----.---.
5. Property Owner's (or Trustee's) Name:
/J7./) <t.- !JlJ>/) .c1A/)~ 8AJJ.LJ.f'Al
jp/D (~E ~0 4ue.
.PA~f'(J/J1A) &~A
. :rrJ,t:),- 9'13 - Y;1.S7
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Address:
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FL
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('1( 1!J~ (1
9 '-1/ -( () f c'J....
Phone:
6. Correpondence Address (if different than applicant or agent) *:
* This is the address to which all agendas, letters, and
otper materials will be mailed.
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7. What is applicant's interest in the premises affected?
(!j.LtJ1IJ/l
(Owner, Buyer, Lessee, Builder, Developer, etc.)
8. Street Address or Location of Site Upon Which Parking Lot
is Located:
,<)v._ =IF.:L
9. Legal Description of Site Upon Which Parking Lot is Located:
S 0 O. (Sh (/ 0* 41=- ~ S /1- J ' P) (Un
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10. Intended Use(s) of Site Upon Which Parking Lot is Located:
m ~)) f horvr j]~ 1 0 / LPl fJJ -' j
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11.
Developer or Builder:
Um )J)?~--(J Jh oj: i;d/l. ~ h/nu.
lona E A-+b/HUC B.tu:f
'~t'1 FL 330Ce6
12.
Architect: -16<1~F> h (' h,lo-QI).
o ~ \00 -P~PQfrW
Landscape Architect: AWh,;q
Site Planner: J/
13.
14.
15. Engineer:
16. Surveyor:
17. Traffic Engineer:
18. Copy of last recorded Warranty Deed included? (check) vi
19. 'Lett~rauthorizing '~gent- (if ~~-~)- i~~luded? (ch~~k)-'--'---"'--' .,.~u, ,
20. Site plan and survey (2 copies each) attached? (check) ~.
.'. '~"'.'._."-'2~-" -'N~~~~' ~f-' ;~~i~~~~s 'r~q~'~~t~d. ~~"th~ "f~llowin~' .~'he.et's ~ . -t. ...-- -.-',
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 re-
quested. All variances which are requested in connection
with,the construction or reconstruction of a particular
park~ng lot are covered by a single filing fee of two-
hundred dollars ~2eo. 0"0) .
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Planning Dept. 5/82 .
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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:
Section, Subsection, and Paragraph number of specific requirement
to which variance is requested, and exact language contained in
the Code:
. if
I
Statement of Special Conditions, Hardships, or Other Reasons Justi-
fying the Requested Variance (attach additional sheets if necessary) :
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(I) (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.
(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 application
will not be accepted unless signed b71ow.
Signature of Applicant or Agent: (aJJ~a. A ILLA--<J~
,fJi;- 7, P9 (
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Date:
Planning Dep~. 5/82
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WUUlfTY DUD-(Slllulory Form.)
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JUL-IB-1988 09:40am 88-194056
ORB 5741 P9 321
Con 19D,000.00 Dot .
JOHN B DUN~LEICL' E~~ - ,DB j,045.DO
f\ ..n COUNTY, FL
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Made this
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doll of
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19 88
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JOSEPH TUFO, a single man
of the County of ' State of ,grantor, and
FRANK BRUSCO and CARMELA BRUSCO, his wife, an undivided one-half
nterest-"and NATALE GIAMBONA.,. -a sing.l-e man,' an undivided one-half
interest, as Tenants in Commo~ fl'} 0 I <r
whosepost-officeaddreuls (,10 S. €. 5 AlJe.-~. rt>tt\p~o Dwe&- , ~ IA. ~3'O"Z)
of the Countll of Palm Beach ,Stateof Florida ,grantee,
JIIUnt.ll6tt~: That said grantor.for and in condderation of the sum of Ten and no/lOO-- Dollars, and
othn good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, ha.f granted, bargained and sold to the said grantee, and grantee's heirs, successors and assigns forever,
the following described land, situate, lying and being in Palm Beach County, Florida, to-wit:
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Lot 23 less portion taken by State Road Department for right-of-way
of state Road No.5 described as follows: That part of Lot 23, Block
5, of Lake Addition .being in Section 22, Township 45 South, Range 43
East, which is included in the external area formed by a 12 foot
radius and tangent to the north line of said Lot 23, and tangent to a
line 17 feet easterly of and parallel to the West line of said Lot
23, said part containing 23 square feet, more or less.
And all of Lot 24 and 25, all lying in Block 5, LAKE ADDITION TO
BOYNTON, 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 11, page 71. ~
~ ~ i =g~~~ to easements, restrictions, ,,;e.;.~~:,;i,~,~~.~~~~.:~ay~_,...
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~ g and said grantor dC'es herebll fullll warrant the title to ,aid land, and will defend the same again&t the lawful claims of
I- all persons whomsoever.
.In BltntJlll B~trtof, Grantor has hereunto set grantor's hand and seal the day and lIear first above written.
Sign sealed a ed in our presence:
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(Seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERTIFY that on this daybefore me, an officer duly qualified to take acknowledgments, personally appeared
JOSEPH TUFO, a single man .
RECORD VERIFIED
~LM BEACH COUNTY, FlA
JOHN B. DUNKLE
CLERK CIRCUIT COURT
(Seal)
to me knuwn to be the person(s) described in and who executed the foregoing instrument and acknowledged before me
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WITNESS mil hand and official seal in the County and State last aforesaid this \, , II S?
Notary l'ubUc
My commissio
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MIDSTATE LEGAL SUP9L Y CO.. INC. - ORLANDO. FLORIDA
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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 March 14, 1989, at Prime Bank Plaza, 211 South Federal
Highway, Boynton Beach, to consider an application for a
parking lot variance on the following described property:
Owner/
Applicant:
Mr. and Mrs. Frank Brusco
\
Legal
Description:
Lot 23 less portion taken by State
Road Department for right-of-way of
State Road No. 5 described as follows:
That part of Lot 23, Block 5, of LAKE
ADDITION being in Section 22, Township
45 South, Range 43 East, which is
included in the external area formed
by a 12 foot radius and tangent to the
north line of said Lot 23, and tangent
to a line 17 feet easterly of and
parallel to the West line of said Lot
23, said part containing 23 square
feet, more or less, and all of Lot 24
and 25, all lying in Block 5, LAKE
ADDITION TO BOYNTON, 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 11, page 71.
Location:
812, 814, 818 North Federal Highway
Boynton Beach, FL
Requested
Variance:
RELIEF FROM ARTICLE X - PARKING LOTS,
Section 5-142, Required Improvements
of the Boynton Beach Code of
Ordinances
(h) Driveway
(3) 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 classifica-
tion as shown on the city or county
thoroughfare plans.
Permit the existing drive cut to be
retained which is 93' from inter-
secting right-of-way lines to drive-
way to allow the retention of 4
parking spaces necessary to utilize
the existing commercial building.
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.
Proposed
Variance:
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH
cc: Mayor and City Commission
City Manager
City Attorney
City Planner
J. Costello
Recording Secretary
Town of Ocean Ridge
PUBLISH: BOYNTON BEACH NEWS
February 23 and March 2, 1989
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