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CORRESPONDENCE II ~J~ ,$r Crl- DEPARTMENT OF TKANSptiRTATIO~ -U'...-:'Ol'l ~"ILr;S GO\IERI'IOR - - - - - - .- - - -- - 3400 W..t Cam..roial Boulevard Fort Lauderdal., Flo~da 3330'-3421 (305) 777-4383 81'.1"1 (;, WMTS Sf-CRUAR\' NOTICE CONCEPTUAL REVIEW FINDINGS October II, 1993 ~\~, ~,-;y...::y 6'0;;1). C~ '. _ ~s I ..... ,., ~O;' .0; {- t<'Jl, ~~" z I ; ;7~ (/; ~, ""4 tG, ;:..-t :.r. 1"'9 ' :. rII/.';;' >..... \--:\ (),~ .1:,-<:) \J <Cl . / \,:;. '\ ""U,'7:_,.. ...s '1:"1 \ .' "' , ,_ - , -".:, J., \v:' '. -,'" ~ / .~ I '~/~ , _I. Mr. William E. Schipske, P.E. BCS Wescon 3195 N. Powerline Rd. Suite 106 Pompano Beach, FL 33069 Subject: Conceptual Review Number: C932oo-2450-93c Permittee/Project Name: Checkers Restaurant State Section 93200, State Road 804 Anticipated Connection Calt:gory: II Palm Beach County City of Boynton Beach Proposed drive connection on SR 804 140' east of New Old Boynton Road. You have requested the Florida Department of Transportation to review the proposed connection to State Road Number 804 anticipated by your development prior to initiating the application process. The Department has completed this conceptual review of the proposed connection anticipated by your development based on the site plan and information dated 8-18-93. It is important to note that this review does not constitute Department approval of the location or design of the connection to the State Highway System as submitted in the conceptual review documents. The location is subject to change during issuance of the connection permit. Pursuant to Section 335.18, Florida Statutes and Rule 14-96, F.A.C~ prior to the initiation of construction of any connection of Department right-of-way, a permit application must be filed and approved by the Department. The Department's review fmds that the connection(s) and other proposed roadway alterations to the State Highway System as proposed: [Xl Are not consistent with the Department's Access Management standards, however, a non conforming access connection may be issued if the following conditions are met flU the reasons stated below: (These findings are valid for a period of 6 months.) CONDITIONS/REASONS - The connection will be restricted to right in only. - The right turn lane should be reconstructed to current D.O. T. standards. Should you have any questions please call me or Mr. Sammy Elsheikh at the above numbt:r. cc: Jim Chobin Brett Drouin Alan Rothmann Mike Kazunas OCT 20_ 00 If. J:L\RECYI ~P"PEI PLANNING & ZONING DEPARTMENT MEMORfu~DUM NO. 94-097 SUBJECT: Al Newbold Deputy Building Official Michael E. Haagv. ,~~~ Zoning & Site D ~ ~ent Administrator April 14, 1994 Transmittal of Development Orders TO: FROM: DATE: Accompanying this memorandum you will find documents regarding development plans that received final approval by the Planning & Development Board and/or City Commission. The following is a list of the proJects, type of request and the documentation transmitted: Checkers Drive-In Restaurant - conditional use/new site plan - copy of the 2nd review plans - copy of the staff report and comments - copy of the written order signed by the Mayor - copy of the November 16, 1993, City Commission minutes vlCheckers Drive-In Restaurant - parking lot variance - copy of the staff report and comments - copy of the written order signed by the Mayor - copy of the November 16; 1993, City Commission minute3 Checkers Drive-In Restaurant - community design plan appeal - copy of the staff report and comments copy of the written order signed by the Mayor copy of the Ncvember IS, 1993, City Commission minutes Super city Food & Discount - major site plan modification - copy of the 2nd review plans copy of the staff report and comments copy of the November 16, 1993, City Commission . ... mlnULes Super City Food & Discount - parking lot variance Copy of the staff report and comments - copy of the written order signed by the Mayor copy of the November 16, 1993, City Commission minutes Harvey's Restaurant - parking lot variance - copy of the staff report and comments - copy of the written order signed by the Mayor - copy of the November 16, 1993, City commission ~inuteE Planning & Zoning Department Memorandum No. 94-097 April 13, 1994 Page 2 of 2 Agape Dry Cleaners - major site plan modification - copy of the 2nd review plans copy of the staff report and comments copy of the written order signed by the Mayor copy of the December 21, 1993, city Commission mlnutes ~ Quail Run Villas - master plan modification - copy of the master plan signed by the chairman of the Planning and Developemnt Board and members of the TRC - copy of the January 11, 1994, Planning & Development Board minutes C&M Buildings, Inc. - new site plan - copy of the 2nd review plans - copy of the staff report and comments - copy of the written order signed by the Mayor - copy of the January 13, 1994, City Commission Minutes * Transmitted to the Engineering Department - Copy of the master plan signed by the Chairman of the Planning and Development Board and members of the TRC MEH:frb Attachments Project File A:94-097 nIl. DnJELOIIIIIft PLOS B.1 cc:: Blda. PlaD. Bna. Uti.l PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-296 FROM: J. Scott Miller city Manager ,- ~(J7l~tb-.- Tambri J. Heyden .J~ T ~ Acting Planning and Zoning Director TO: DATE: November 12, 1993 RB: Checker's Restaurant - File No. 782 Parking Lot Variance (Driveway Distance) Please place the above-referenced it~ on the City Commission agenda for November 16, 1993 under Development Plans - Non- Consent Agenda. DESCRIPTION: Anna Cottrell, agent, in connection with conditional use approval to construct a drive-in restaurant at the northeast corner of Boynton Beach Boulevard and Old Boynton Road (also scheduled to be heard by the City Commission on November 16th), is requesting a variance to Section 142 (h) (3) of Article X, parking Lot$. This section requires that driveways be located no less. than 180 feet from the intersecting rights-of- way lines of collector and arterial roads, such as Boynton Beach Boulevard. The applicant is requesting a driveway onto Boynton Beach Boulevard, to be located 113 feet from the intersecting rights-of-way lines. RECOMMENDATION: The Planning and Development Board, with a vote of 4-2, raca.aended approval of the requested variance, subject to the att.chad staff comments (planning and Zoning Department Memorandua"93-282 and Engineering Department Memorandum #93-310) relative ~o FOOT approval and extension of the on-site access aisle. TJH/jm Att. A:CHECKPLV.JM PLANNING AND ZONING DEPARTMENT MEMORANDUM ~93-282 THRU: Planning & Development Board Members --:- ~ Tambri J. Heyden "<. tl-?c.,~' / Acting Planning & Zoning D~'ec or Michael E. Haa~~ ~ Zoning & S~te~e~pment Administrator November 5, 1993 \.... TO: FROM: DATE: RE: Checkers Drive-In Restaurant Park~ng Lot Variance File No. 782 Section 5-145 (c) (4) of the Code of Ord~nances requires that when a variance to Sect~on 5, Article x, Parking Lots ~s requested, the Techn~cal Review Committee must forward a recommendation to the Planning and Development Board. The recommendation is to be made part of the publ~c hearing proceedings. This memorandum is forwarded to you, consistent with Sect~on 5-145 (c) (4). .,., Anna Cottrell, of BCS-Wescon, agent for Checkers Drive-In Restaurant, Inc. is requesting a variance to Section 5-142 (h) (3) of the Parking Lot Regulations. A description of the section is shown on the attached Park~ng Lot Variance application. The applicant is request~ng rel~ef from the code in connect~on w~th the proposed construction of a drive-thru restaurant. The s~te is located at the northeast corner of the ~ntersection of Boynton Beach Boulevard and Old Boynton Road. The subject of the request is the one-way, ~n only,-driveway located on Boynton Beach Boulevard. Boynton Beach Boulevard is a State Road. The top~c under consideration 1S the distance of one hundred thirteen (113) feet that the driveway is located from the intersecting l~ne of old Boynton Road. The code requires the distance to be no less than one hundred eighty (180) feet. Find attached a reduced copy of the site plan (Exhibit "A"). This site plan was subm~tted with the application for the variance. Find attached a copy of a letter fro. the Florida Department of Transportation that identifies the conditions of conceptual review for the proposed driveway. '!'he site plan ident~fied as Exhibit "B" ~s an updated drawing that appears to depict the cond1t10ns of the Florida Department of Transportat10n review of the proposed driveway. Additional details concerning the nature of the variance and the variance justification are outlined in the attached Parking Lot Variance application. On Thursday, october 14, 1993, the Technical Review Committee (TRC) met to review the plans and documents submitted for the variance. After reV1ew and discussion, the committee made the following recommendation regarding the variance request: The Committee unanimously recommended that the request be approved subject to the conditions identified in the attached Engineering Department Memorandum No. 93-310. If the Board rules in favor of the variance request, the Technical Review Committee encourages the Board to include the conditions stated in the Engineering Department Memorandum as part of the approval of the variance. The Technical ReVlew Committee considers the conditions of approval by the Florida Department of Transportation and the extension of the on-slte access aisle,(entrance throat), requested by the TRC, to be safety concerns that would lmprove the traffic cond~tlons at the right-of-way intersection and improve the on-site traffic flow plus provide an on-site stacking space at the southern entrance to the site. MEH/jm Att. A: CHECKPLV.JM -1- C1;'1'Y 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 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: Checkers Dri v&- In Restaurant (Nortilec:.st corner of Boynton Beach Boulevard and Old Boynton Foad 2. Date This Application is Subnltted: CbI::ober 4, 1993 3. Applicant's Name (person or business entity in whose name this application is made): Checkers Driv&-In Restaurants, Inc. Address: 600 Clevelani Street, Suite 1050 Clearwater, FL 346lS Phone: (8l3) 441---3500 Fax: (8l3) 461-l036 (Zip Code) 4. Agent's Name (person, if any, representing applicant):* Anna S. Cottrell, OCS-wescx:m Consult.in3', Inc. Address: lS32 Old OkeecOObee Road, SUite lOl West Palm Beach, FL 33409 Phone: (407) 688-0048 Fax: (407) 688-2009 (Zip Code) * A letter from the applicant or owner authorizing the agent is required. 5. Property OWner's (or Trustee's) Name: Mience Equitie, Inc. ET AI, c/o Rayroond J. Posgay, Esq. Address: l2l7 E. Bra-ard Boolevard Ft. Lauderdale, FL 33301 (Zip Code) Phone: Fax: 6. Correspondence Address (if different than applicant or agent)**: Same as Agent ** This is the address to which all agendas, letters, and other materials will be mailed. PLANNING DEPT. - January 1991 'A:PkLotVar -J- - (2) 7. What is applicant's interest in the premises affected? contract purchaser (owner, Buyer, Lessee, Builder, Developer, etc.) 8. Street Address of Location of Site Upon Which Parking Lot is Located: Northeast rorner of Boynton Beach Boulevard am Old Boynton Road 9. Legal Description of Site Upon Which Parking Lot is Located: See attached leg-al description ". 10. Intended Use(s) of Site Upon Which Parking Lot is Located: Drive-In restaurant 11. Developer or Builder: Checkers Drive-In Restaurants, Inc. 12. Architect: 13. Land8cape Arch1 tect: B:S-WFSXN Consulting, Inc. 14 . 51 te ~ Planner: a::s-WFSCCN Consultin:J, Inc. 15. Engineer: OCS-WESCCN COnsultiDJ, Inc. 16. Surveyor: Pulice Land Surveyors, Inc. 17. Traffic Engineer: Tinter Associates, Inc. 18. 19. Letter authorizing agent (if any) included? (check) 20. 21. Number of variances requested on the following sheets: 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. A:PkLotVar -3 - (3) 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 Constructicn 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 5-142 (h) (3) - No parking lot driveway may be oonstructed closer than thirty (30) feet fran the intersection of the right-of-way lines along local streets and one h1..UXired eighty (ISO) feet aloD3' streets of a higher classification as slY:Mn on the city or oounty thoroughfare plans. Nature of Variance Requested: See attached Sheet Statement of Special Conditions, Hardships, or other reasons Justifying the Requested Variance (attached additional sheets if necessary) : See attached Justification Stats!lent (I) (We) understand that this application and all papers or plans submitted herewith became a part of the permanent records of the Planning and Zoning Board. (I) (We) hereby certify that the above statements and the statements or showings made in any papers ~r, 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: ~, ~ C'~ . Date: A:PkLotVar -Lj- STATEMENT OF USE AND JUSTIFICATION The Petitioner, Checkers Drive- Thru Restaurants, Inc., requests by this application a variance from Section 5-142 (h) (3) of the Parking Lot Regulations of the City of Boynton Beach. This section of the City code requires that private driveways be located not less than 1 80' from the intersection of the rights of way of roadways with a classification higher than a local street. The Petitioner proposes a driveway on Boynton Beach Boulevard 11 3' from its intersection with Old Boynton Road, in order to allow the development of the site a.t the northeast corner of the intersection for use as a fast food restaurant. The subject property is 1.17 acres, with an irregular shape. The property has approximately 340' of frontage along Boynton Beach Boulevard and 301.9' along Old Boynton Road. The proposed site development is shown on the site plan accompanying this application, and includes details of site access. As indicated on the site plan, only one driveway per frontage is proposed. The driveways have been designed to provide ingress only from Boynton Beach Boulevard, and ingress and egress on Old Boynton Road. The driveway on Old Boynton Road conforms to the City's requirements for driveway spacing. The driveway on Boynton Beach Boulevard is the subject of this variance application. The Petitioner has met with the FDOT (Florida Department of Transportation) regarding the proposed driveway location on Boynton Beach Boulevard. The FDOT has indicated that the proposed location provides the only opportunity for the site to meet the DOT's access management standards. The driveway has been located outside of the required taper for the turn lane provided for west bound vehicles turning north onto Old Boynton Road, and as far east of the intersection as possible. The limitation on access (providing for ingress only) eliminates any potential conflict with movements occurring at the intersection. The proposed driveway also provides for a smooth traffic flow throughout the site, with potential conflict areas minimized. All other elements of the site's parking lot design meets or exceeds requirements as provided for in City standards. The parking lot design provides sufficient access from the public roadway, and maneuvering and access areas are located appropriately and of sufficient size to permit vehicles to enter and exit the parking lot in a safe and efficient manner. -~- Justification for Checkers variance, (cant' d) The proposed site plan meets the intent of the City's codes which regulate parking lot design. The variance requested is the minimum variance necessary to allow the site sufficient access, and is due to the special circumstances which exist because of the adjacency of the turn lane within the public right of way and the requirements of the FOOT for access management for classified roads within its roadway system. " A literal interpretation of the City's codes imposes a hardship on the Petitioner which can be relieved only with the granting of the requested variance. The hardship is caused, in part, by the conflict which exists between the City access management standards and the FOOT's access management standards. The FOOT has indicated that the proposed driveway is in the only location which can be permitted, since it Is the furthest location which can be achieved from the intersection without interfering with the turn lane taper. Strict adherence to the 1 80' requirement of the City's code will place the driveway within the turn lane taper, clearly less safe and convenient than the location proposed by the Petitioner. The granting of the variance requested will not provide any special benefit to the Petitioner, and is not contrary to the public interest. -t - EXHIBIT "A" (~\\~\.. R(SID \~G 'Z.O~ GRAPHIC SCALF. ~~ -_.~ '. j ( J ~'--I '. ',:- - -- ~ '.' -.--'f~ .,...,' -..=> ~ .."'. I - ;::"#-. '-~"':u.. . ! ~~:= I Dl rrrT I I _" ~ It " o <l: , 0 cr IZ o !z >- 10 m 01 ..J o ~ w 'Z Minimum Striping StandI I" :,c'. O' i I lfCIlHII:,",l ':'lr'~lI"([ Ion' rY 1:1<1:l>"l'l ~11'~"~ r., p 11 ..f~{~ ,: l..r I"'" ....'" ,.......~} '0 -/ ... "'11' r'~r 1.1, ,.,., " A.l'i"f " .; r., 1'1' 'KL-p '- /0-''1 i :".",',',"", ~J :,/a- Ci.:i ".,10_ ",s::::..~'''a. .... lOP..... ..... o\~ '-oc........ ~~ p.....Ii"""''''' 0'" liiO.._T..... e.....c... 8.."00 ON...., , " r ~~.'... ,. . . ~" "0 , '" _,._ J " " ~M~ " , ~ r=. 1 · np- - ....~= ~ =: ~ =: - - - - T '.. - - ~ - - ~- _ ,.. 1.::=.: --'I:........'; ~ .';..:, -l ~ ,,,..... ..~. BOYNTON BEACH BOULEY AAD- - " . -I 1~ = _ _ ~S~.~*.~~ _ __~" ----- .~ , -.......: (L[vAlOi JIll' ----- - - - - - - - - - -'- .-- - . VARIANCE SECTION 5-142 (h) (3)' PARKING LOTS ~------ '- . r.~'f WI)" - ,.Wl". .ta.", - "~l"ll ............, - -7- , ENGINEERING DEPARTMENT MEMO NO. 93-30l OCTOBER 15, 1993 TO: Mike Haag Site Development Compliance Administrator FROM: Vincent A. Finizio Deputy City Engineer RE: Variance Application Technical Review Committee Comments Checker's Orive~Thru Restaurant The City Engineer has requested I correspond with you regarding the Technical Review Committee coneensus opinion reference their deliberation on the above referenced variance application. The subject of this variance is a singular ingress (driveway) situated along the east rights-of-way line of Boynton Beach Blvd (St~te Rd 84). The code requires that driveways which intersect roads of a greater classification than local, shall be located a minimum of one hundred eighty (180') feet from the intersecting rights-of-way lines. The subject driveway is depicted upon plans as being located approximately ninety-four (94') feet from the intersecting rights-of-way lines of Boynton Beach Blvd and Old Boynton Road, therefore, the applicant requests relief from the provisions of City Code of Ordinances, Chapter 5, Section 5-l42 (h) (3). TECHNICAL REVIEW COMMITTEE RECOMMENDATION The Technical Review Committee rendered a unanimous decision favorably recommending the variance conditioned upon the following: 1. The variance be granted conditioned upon the City receiving a a letter of intent from the state of Florida Department of Transportation authorizing the construction of this driveway pursuant to State of Florida Access Management Laws. If the State of Florida does not permit such driveway construction than the plan shall be modified to delete the entrance to this site off of Boynton Beach Blvd. 2. The variance should'be granted conditioned upon the plans being modified to extend the driveways west curb -line an additional 12 to 15 feet north additionally providing a radius turn along the curb line to provide for a vehicle channelizing area to force vehicles leaving the restaurant to make a proper left hand turn (north thru the site) precluding vehicles from entering the subject driveway which is an entrance only. This will preclude vehicles from unlawfully exiting the site onto Boynton Beach Blvd. (see attached plan) against the flow of traffic. Should you require any additional information and/or assistance, please contact me at extension 6282. -q- Engineering Dept. Memo No. 93-301 to Mike Haag, TRC October 15, 1993 Page 2 ., vincent A. Finizio Deputy City Enginee VAF/jj cc: City Enaineer (as discussed) City Manager attachments -7- ~ " " ~, /" r , \ Minimum Strlpj~ Standard 1" 20' aU ~.;.; .' = -- "," .....:- ." . ;,~,. ,Ai';:o: . .....,.. .......~. . TECHNICAL COMMlnEE FOR SITE PL4N K!\l!W Bldg. Dept. ~~ Dam //?/;.,.~~ -- . Date 'Fire Dept. ~ Date' /0 "'/'(-Z? Eng. Dept. -#0,-; Date 10/'.... /9..~ Utif. Depl Date /01(.'((" Police Dept. ", D.I()-/~a. P. W. Dept . DateJ12:..Ll(....1.3 City Planner Da~ Rec. Dir. .'" Date / t) - J::1. ~9 3 r.Fest<< . Da~ ct;x. ~ ~. \0. '~'93t HeMo "" RtAW c: e. Foc:l.,...Air pp~ Al..' o~ L 0 C! "'"T I 0 tl.l O'-F .I? A.. \ "-=WA. "'t' 0 ~ ./: Bo"'t Ni"O\.J B aAC1-t B''-'u~. 0 t-ll-"'. I , F I F P .. '.... .. ..'f- ..... '. . ,.' - . ,:.:;,. 'f.:";~' ~. :t .", . " .... . -. . . ,. ' / RADIUS-388.17' DEL TA-23-41'37- ARC- 1 ~2.~I!I' / ,; _/0 - " ..'. ' .:4. to. , . b .. ~ 00 . o CONCRETt PA\<t:MENT- 'Q .~ (ID . Ill) ~ t ..... - - -- -==- -- """ . " 61.9 91 t ~ , ~ , l ) ~ - o 11 > ) '. [ D' ) - ... / ,0.... 90 / -n < 1> ,~~~/:- . - - \ ~...~~ O:'"LU GOVDVlOll :. DEPARTM~r.!,!..~~~KT~~~2 ._ FOlr~ Laad8JrClal.. Florida 3330'-3421 ~ (30S' 777-4313 St:<:Kt. TAKY NOTICE CONCEPTUAL REVIBW FINDINGS '. October 11. 1993 Mr. WiUiam E. Schipske, P. E. BCS Wescon 3195 N. Powerline Rd. Suite 106 Pompano Beach, FL 33069 Subject: Conceptual Review Number: C932OQ-24S0-93c Permittee/Project Name: Checkers Restaurant State Section 93200. State Road 804 Anticipatec.l Cunnet.ion Categury: II Palm Beach County City of Boynton Beach Proposed drive connectiun on SR 804 140' east of New. Old Buynton Ruad. You bave requested the Florida Department of Transportation to review the pruposed connection to State Road Number 804 anticipated by your development prior to initiating the application process. The Department ha.'1 completed this cunceptual review of the proposed connection anticipated by your development based on the site plan and informatiun dated 8-18-93. It is important to note that this review does nut constitute Department approval of the location or design of the cunnection to the State Highway System as submitted in the conceptual review documents. The location is subject to cbange during is.'luance of the connection penoit. Pursuant to Section 335.18, Flurida Statute5 and Rule 14-96. F.A.C..., prior to the initiatiun of construction of any connection of Department ript-of-way, a permit applicatiun must be filed and approved by the Department. The Depar1ment's review fmda that the connection(s) and other proposed roadway alterations to the State Highway System as proposed: [X] Are not consistent with the Department's Access Management standards. huwever. a non conforming access connectiun may be issued if the following coaditions are met fur the Runns stated helow: (TheRe fmdin.s are valid for.. perind nf 6 months.) CONDITIONS/REASONS - The connection will be restricted to right in unly. - The right turn lane should be reconstructed tn current D.O. T. standards. Shuuld yuu have any questinns plea.'IC call me: or Mr. Sammy Elsheikh at the above number. cc: Jim Chobin Brett Drouin Alaa Rothmann MikeKazunas OCT 201m 00 PlANNING AND ZONING DEP1'. 0: -/~ - EXHIBIT "B" :B(f)~ :J]~:D o~> zoz Ci)z~ s! (J)~ '" - ':T - - '. f-: ~-- '. , a. ," ........ -----.---. -.-.----- ~~~ --- "'... ''''''';t. ~ ~1 ./G - ):3 - - /'1 /~L- P'O' ..... B... I Illi I/:~- :~ / r- \ U [1, 'II ~ : jt /~ '". ~ \ I ~~~ ~ . 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C ~ ~I ..~ rT ~II lit" 2"~ ~~ I! . ~J.,.. \:~I,::I~:',Hr~ -tffiffi I-ITn I- I // OFFICE OF THE CITY CLERK MEMORANDUM TO: Ms. Tambri Heyden Acting Planning & Zoning Director DATE: October 15, 1993 FROM: Sue Kruse City Clerk RE: Planning & Development Board Mtg. of November 9, 1993 Attached please find copies of the Notices of Hearings for the Parking Lot Variance applications filed by 1) Checkers Drive-In Restaurant, 2) Tony Harvey Restaurant and 3) Super City Discount Food & Beverage. These applications are scheduled for the November 9, 1993 Planning & Development Board meeting. The Notices will be advertised in the Boynton Beach News on Thursday, October 28, 1993. ~./I ~~<1<-.J' SK:slb attachment cc: City Manager NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning & Development Board of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, November 9, 1993, 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: Checkers Drive-In Restaurant, Inc. Owner: Adience Equitie~,Inc. Legal Description: A portion of Section 20, South, Range 43 East, Palm Florida, being more described as follows: Township 45 Beach County, particularly Commence at the southeast corner of said Section 20; thence run South 88 degrees 02 minutes 21 seconds West along the South line of said Section 20 for a distance of 1631.39 feet to the easterly right-of-way line of a forty foot road as shown on the Plat of Subdivision of said Section 20, as recorded in PLat Book 7 at Page 20 of. the public Records of Palm Beach County, Florida; thence run North 00 degrees 49 minutes 09 seconds East along said East right-of-way line for a distance of 106.84 feet to the point of beginning; thence continue North 00 degrees 49 minutes 09 seconds East for a distance of 301.90 feet to a point; thence run South 41 degrees 47 minutes 42 seconds East for a distance of 227.66 feet to a point; thence run North 48 degrees 12 minutes 18 seconds East for a distance of 10.00 feet to a point; thence run South 41 degrees 47 minutes 42 seconds East for a distance of 110.00 feet to a point of curvature of a circular curve, concave to the northeast; thence run south~asterly along the arc of said curve, having a radius of 368.97 feet, thru a central angle of 23 degrees 41 minutes 37 seconds, for an arc distance of 152.58 feet to a point of non-tangency; thence run North 89 degrees 59 minutes 53 seconds West along the North right-of-way line of Boynton Beach Boulevard for a distance of 45.67 feet to a point; thence run North 85 degrees 02 minutes 51 seconds West along said North right-of-way line for a distance of 150.60 feet to a point; thence run North 89 degrees 59 minutes 53 seconds West along said right-of-way line for a distance of 143.67 feet to a pOlnt; thence run North 44 degrees 10 minutes 51 seconds West for a distance of 27.89 feet to the point of beginning. NOTICE OF PUBLIC HEARING - Checkers Drive-In Page 2 Location: Northeast Boulevard Boulevard. corner of Boynton and New old Boynton Beach Beach Variances Requested: Article X-Parking Lots Required Improvements. Section 5-142 (h) (3) Driveways. No parking lot driveway may be constructed closer than thirty (30) teet 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. Nature of Variance Requested: To install a new one-way driveway on Boynton Beach Boulevard. The driveway to the site will be located 113 feet east of the intersecting right-of-way lines of Boynton Beach Boulevard and new Old Boynton Beach Boulevard. Boynton Beach Boulevard is a State Minor Arterial road. Use: Drive-In Restaurant. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning & Development Board or City Commission with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. SUZANNE M. KRUSE, CITY CLERK CITY OF BOYNTON BEACH PUBLISH: BOYNTON BEACH NEWS October 28, 1993 PLANNING & ZONING DEPARTMENT MEMORAl~DUM NO. 93-267 TO: Sue Kruse City Clerk ,.- ~. ~ Tambri J. Heyden ~~ . IC:~'''~' Acting Planning & Zoning irect r THRU: FROl-1 : Michael E. Haag Zoning & Site Development A~"inistrator DATE: October 12, 1993 RE: Parking Lot Variances a. Tony Harvey Restaurant - Back-up Space Dimension b. Checkers Drive-In Restaurant - Location of Driveway from Intersection c. Super City Discount Food & Beverage - Location of Driveway from Intersection Accompanying this memorandum you will find a copy of the applications, and related documentation for the above referenced requests. Three checks in the amount of $400.00 each were forwarded to the Finance Department to cover the processing and review of the requests. A legal advertisement will be prepared and forwarded to your office after review by the City Attorney's and City Manager's offices. A~"inistrator MEH: frb Encs XC: Numbered file Project file