LEGAL APPROVAL
MINUTES - PLANNING AND ZONING BOARD MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 11, 1992
In response to Mr, Collins' question, Mr, Cutro explained that
the County is responsible for the installation of a traffic
light,
Chairman Rosenstock stated that Mr, Kazunas is new and the Board
does not mean to pick on him. He further suggested that Mr,
Finizio be present at future meetings until Mr, Kazunas becomes
familiar with the job so that the Board will get the proper
responses to their questions. Mr, Cutro pointed out that Mr.
Staudinger was responsible for the comments on this application,
There was no one present in the audience to speak at the public
hearing,
Motion
Gary Lehnertz moved that the Planning and zoning Board recommend
approval of the parking lot variance for The Atrium Place located
at 2755 South Federal Highway, This is a request for a variance
to Section 5-142(h)(3) Driveways of Article X, parking Lots, sub-'
ject to staff comments and subject to making this driveway a one--
way right turn in driveway only with the design to be reviewed by
the City Engineer to insure compliance with the inlet only,
Nathan Collins seconded the motion.
Ms, Huckle wondered if it was necessary to show any further
hardship in the motion, Assistant City Attorney Trehy explained
that by approving the motion, the applicant has consented to the
conditions and nothing further is required,
motion carried unanimously,
B. CONCURRENCY APPEAL
EXEMPTION TIME EXTENSION
1, Project Name:
Applicant:
Owner:
Location:
Boynton Nurseries PUD
Robert Horner
Boynton Nurseries
Lawrence Road at L,W,D.D, L-21 Canal;
northwest corner
Description:
Request for a one-year time extension
for exemption to the City's con-
currency management ordinance,
Mr. Cutro made the presentation, The Planning and zoning Board
is required to review the concurrency extension. The review
board met on January 28th and recommended the concurrency be
extended for a period of one year,
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MINUTES - PLANNING AND ZONING BOARD MEETING
BOYNTON BEACH, FLORIDA
...,
FEBRUARY 11, 1992
before it came before the Board. He suggested the Engineering
Department consider all the ramifications of the problems which
might occur. Chairman Rosenstock addressed Mr, Kazunas and
stated, "I know you're from the utilities Department, and I don't
mean to pick on you this evening, please forgive me, but I really
feel strongly about this and I don't want to sit here and have
this Board pass something that will be a problem in the future,
and it's you're problem not mine," Mr, Kazunas explained that
, this driveway can be designed to prevent cars from making a right
turn,
Ms, Greenhouse questioned whether or not Mr. Cutro would be able
to look at plans and determine whether or not a car would be able
to make a right turn, Mr, Cutro stated that when the final
design is submitted, he would be able to make that determination,
Ms, Greenhouse asked Mr, Kazunas if staff would be able to make
sufficient guidelines and conditions to insure that no right-hand
turn could be made from the driveway, Mr. Kazunas made that
assurance. Mr, Kazunas pointed out that the applicant might lose-
access to a parking stall.
Ms, Greenhouse again asked that the Board receive assurance from
the Engineering Department that the driveway would be designed to
preclude a right-hand turn from being made. Mr, Kazunas gave an
affirmative response and stated that because of the curbing, some
access will be lost.
Ms, Greenhouse again requested reassurance from the Engineering
Department. Mr, Kazunas agreed that the Board's request would be
carried out prior to the plans being signed off. Mr, Cutro
explained this will have to go through a minor site plan review,
In response to Ms. Greenhouse's question, Mr. Desiderio is con-
tent with the staff recommendation and stated he was the one who
wanted the entrance and exit, He stated that it was unfair that
the Board "went after" staff since he had the plan designed by an
engineer, He stated he wants an entrance and an exit, but will
accept just the entrance,
Assistant City Attorney Trehy explained that the Code requires
that there must be a hardship shown and it cannot be preexisting
or existing in order to grant the variance, It is not granted as
an automatic or by right,
Ms, Huckle asked that staff consider putting a "No u-turn" sign
at the intersection. Ms, Greenhouse questioned Mr, Kazunas
regarding what is necessary to accomplish that request, Mr,
Kazunas will investigate the procedures and report back to Mr,
Cutro, The status will be reported at the Board next month,
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MINUTES - PLANNING AND ZONING BOARD MEETING
BOYNTON BEACH, FLORIDA
FEBRUARY 11, 1992
In response to Ms, Huckle's question, Mr. Haag stated the parking
requirements will be satisfied, She wondered if there is a u-
turn at 28th Circle, There is no u-turn at that location. She
pointed out that there is no way you can eliminate the possibi-
lity of people exiting once the driveway is made. How is the
opening configured? Mr, Haag responded that they would make a
form of a radius coming in off Federal on the property, Signs
will also be posted,
Ms. Stevens wondered if the driveway could be widened. It was
explained that the City Engineer could widen the ingress/egress
into Mr, Desiderio's lot. Ms, Stevens had no objection to a per-
son being able to turn from Federal Highway into the parking lot,
but exiting onto 28th Circle is a problem because of Colonial
Club across the road,
Dominic Desiderio explained a situation which arose during the
holiday season when traffic was stacked up along 28th Circle,
He has researched the market and nobody along Federal Highway has
the required 180', When all of his vacancies are filled, he will'.
need an entrance and an exit, He stated a signal will also be
necessary in the future,
In response to Mr, Collins' question, Mr, Desiderio does not have
a problem with the staff recommendations.
Ms, Huckle raised the question of posting a "No u-turn" sign.
Mr, Kazunas offered to investigate this possibility, but stated
that when the u-turn is eliminated, you move the problem from one
median cut to another further up the road, He did not feel this
should have a bearing on tonight's decision, Ms, Huckle feels
the TRC's recommendation was made to eliminate the u-turn, Mr,
Kazunas stated the concern is the cars weaving across the lanes
of traffic to get to the turn lane. The "No u-turn" sign would
prevent the cars in the median lane from making the u-turn. Ms.
Huckle stated that once the median is cut, there is no way it
will not be used.
Mr, Rosenstock agreed with Ms, Huckle and stated his surprise
that staff did not address this problem, Mr, Cutro disagreed and
explained that a driveway could be designed for entrance-only
purposes, While Mr, Rosenstock is aware of this fact, he wanted
reassurance that this driveway would be designed in such a
manner, Mr, Cutro stated the City Engineer would follow through
on the order made by the Board, Mr, Rosenstock asked Mr, Kazunas
if he would follow through to be sure the driveway is designed
for entrance only, Mr, Kazunas stated he will review the appli-
cant's design first, Because a vote is needed at tonight's
meeting, Mr, Rosenstock requested reassurance from Mr, Kazunas,
He further stated that this item should have been addressed
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'W'
MINUTES - PLANNING AND ZONING BOARD MEETING
BOYNTON BEACH, FLORIDA
..,
FEBRUARY 11, 1992
Chairman Rosenstock stated that this is a case of record with
regard to continuances, In response to Chairman Rosenstock's
question, Mr, Cutro feels that the meeting of the TRB will get
everything in order for presentation at the next Board meeting,
After much discussion on when to hear this case, it was decided
that there would be no special meeting for this application,
Motion
Gary Lehnertz moved that the Planning and Zoning Board continue
Cedar Grove PUD to the next regularly scheduled meeting of the
Planning and Zoning Board on March 10, 1992, Marilyn Huckle
seconded the motion which carried unanimously,
Mr, Cutro introduced Mike Haag, who is now a member of the
Planning and zoning Department and Mike Kazunas who is the newly-'
appointed City Engineer,
NEW BUSINESS
A. PUBLIC HEARINGS
PARKING LOT VARIANCE
1, Project Name:
Agent:
Owner:
Location:
The Atrium Place
Dominic Desiderio, Jr.
Desiderio Corporation
2755 South Federal Highway
Description:
I
I
l
Request for a variance to Section
5-142(h)(3) Driveways of Article X,
parking Lots.
Mike Haag made the presentation and stated that Mr. Desiderio is
present in the audience, Article X requires that driveways
located along arterial roads or collector roads must be no less
than 180' to intersecting roads, The applicant is requesting a
two-way drive, 121/ from SE 28th Circle going north,
On January 28th, the Review Committee met and recommended appro-
val of the variance with the condition that it be a right turn in
only, not a two-way, There are staff comments from Police,
Engineering and utilities. The TRC identified that they want a
one-way right turn in only and want the ingress/egress configured
so that cars cannot exit out onto Federal Highway, By elimi-
nating the two-way drive, vehicles trying to exit cannot cut
across U,S. 1 and make a u-turn to go north on Federal Highway,
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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 7:00 P.M. on Tuesday, February 11,
1992, at City Hall Commission Chambers, 100 East Boynton Beach Blvd.,
Boynton Beach, to consider an application for A PARKING LOT VARIANCE on the
following described property:
Applicant:
Owner:
Legal
Description:
Location:
Variance
Requested:
Nature of
Variance
Requested:
Use:
Dominic M. Desiderio, Jr.
Desiderio Corporation
All that part of the southeast Quarter of Section 33,
Township 45 South, Range 43 East, in Palm Beach County,
Florida, more particularly described as follows:
Beginning at a concrete monument in the West line of
the right-of-way of U.S. Highway No.1, which is 385.56
feet south of the North line of the Southeast Quarter
of said Section 33 and running thence South along the
West line of the right-of-way of said U,S. Highway No,
1 a distance of SOO feet to a point that is the
Southeast corner of land conveyed to Raymond L. _
Brandwie and wife said point being the point of this
description; thence continue South along the West line
of the right-of-way of U,S. Highway No.1 a distance of
200 feet; thence West on a line parallel with the North
line of said Southeast Quarter of said Section 33, a
distance of 300 feet thence North on a line parallel
with the West line of U.S. Highway No, 1 to a point
which is the Southwest corner of the land conveyed to
Raymond L, Brandwie and wife; thence East along the
South line of said property conveyed to Raymond L.
Brandwie and wife to the point of beginning; excepting
therefrom the Easterly 17 feet which was conveyed to
the State of Florida for road right-of-way by Deed
dated January 22, 1955, recorded in Official Record
Book 149, Page 564, public records of Palm Beach
County, Florida,
2755 South U,S. Highway No. 1
Article X, Parking Lots - Required Improvements.
Section 5-142 (h)(3) Driveways. 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 (lS0) feet
along streets of a higher classification as shown on
the city or county thoroughfare plans.
To permit a driveway access to U.S, Highway No, I,
about one hundred twenty-one point ninety-eight (121.98)
feet north of the intersection of 2Sth Circle and U.S.
Highway No.1,
Existing Professional office Building and Retail Shoppes
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,
SUZANNE M. KRUSE, CITY CLERK
CITY OF BOYNTON BEACH
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110791
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.,
Legal Description
All that part of the Southeast one-quarter (SE 1/4) of Section 33,
Township 45 South, Range 43 East, in Palm Beach County, Florida,
more particularly described as follows:
,r
Beginning at a concrete monument in the West line of the right of
way of U,S, Highway No. I, which is 385,56 feet South of the North
line of the Southeast one-quarter (SE 1/4) of said Section 33 and
running thence South along, the West line of th'e right of way of
said U.S, Highway No. 1 a distance of 800 feet' to a point that is
the Southeast corn~r of land conveyed to Raymond L, Brandewie and
wife,~said point being the point of beginning of this description;
thence continue SoVth along the West line of the right of way of
U,S. High~ay No, I, a distance of 200 feet; thence West on a line
parallel wi1th the. North line bf said Southeast one-quarter (SE
1/4) of said Section 33-a distance of 300 feet; thence North on a
line parallel with the West line of U.S, Highway No, 1 to a point
iwhich is the Southwest co~ner of the land. conveyed to Raymond L,
Brandewie and wife; thence East along the South line of said
property conveyed to Raymond L. Brandewie and wife, to the point
of beginning; excepting therefrom the Easterly 17 feet which was
conveyed to the State of Florida for road right of way by Deed
dated January 22, 1958, recorded in Official Records Book 149,
Page 564, of the Pu~lic Records of Palm Beach County, Florida,
---"
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THIS INSTRUMENT PREPARED BY:
WILTON L,r~HITE, ESQ,
POST OFFICE BOX 3888
WEST PALM BEACH, FL 33402
RETURN TO:
WILTON L, WHITE, ESQ.
POST OFFICE BOX 3888
WEST PALM BEACH, FL 33402
PROPERTY CONTROL NUMBER:
08-43-45-33-00-000-5100
TAX I,D. NUMBER OF GRANTEE: 65 0293309
110791
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SPECIAL WARRANTY DEED
I tL
THIS SPECIAL WARRANTY DEED, made this d -, day of November,
1991, between BARNETT BANK OF PALM BEACH COUNTY, a Florida banking
corporation, of the County. of Palm Beach, ,State of Florida, whose
address is 625 North Flagler Drive, West Palm Beach, Florida
33401, Grantor, and DESIDERIO, CORP" a Florida corporation, whose
address is 1000 White Drive, Delray Beach, Florida 33483, Grantee:
WITNESSETH, That said Grantor, for and in consideration of
the sum of TEN AND NO/IOO DOLLARS ($10,00), and other good' and
valuable considerations to said Grantor in hand paid by said
Grantee, the receipt whereof is hereby acknowledged, has granted,
bargained and sold to the said Grantee, and Grantee's successors
and assigns forever, the following described land, situate, lying
and being in Palm Beach County, Florida, to-wit:
See Exhibit "A" attached hereto and hereby made a
part hereof,'
.
SUBJECT, HOWEVER, to taxes for the year 1992 and
subsequent jears; to all applicable governmental
regulations; to restrictions, reservations and
easements of record (it not being the intent hereof
to reimpose the same);
and said Grantor does hereby fully warrant the title to said land,
and will defend the same against the lawful claims of all persons
arising by, through or under Grantor.
IN WITNESS WHEREOF, the Grantor has caused these presents to
be executed in its name, and its corporate seal to be hereunto
affixed, by its proper officer thereunto duly authorized, the day
and year first above written.
Signed, sealed and delivered
in our presence:
BARNETT BANK OF PALM BEACH COUNTY
BY : e.-
Its
Name:
President
(BANK SEAL)
"\
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
I HEREBY CERTIFY that on this day, before me, an officer duly
qualified /' to I.,. ta~e acknowledgments, personally
appeared LaS t<-UZ-In/ rt!.k. ,to me known to be
the _V/c e- President of the corporation named as grantor in the
foregoing deed, and that he subscribed to and acknowledged
executing the same in the presence of two subscribing witnesses
freely and voluntarily under authority duly vested in him by said"
corporation and that the seal affixed thereto is the true
corporate seal of said corporation,
WITNESS my hanQ and official seal in the County and State
last aforesaid this IdJ t;b. day of November, 1991.
J.9-e-b-ttl. .3 _ ~..)
NOTARY PU~LIC I
Name: 7)ebra. r Lt n.d5fro".,
(NOTARY SEAL)
My Commission Expires:
..
NOTARY PUBLIC ST" it (f Fl CRIU"
MY C<X1t1ISSION EXP. DEC ,1 9,1992
DotIOEO mqij GiNER\L INS. UNO.
.
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