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CORRESPONDENCE PLANNING AND ZONING DEPARTMENT MEMORANDUM NO. 95-300 TO: Sue Kruse City Clerk FROM: '~/~j L Tambri J. Heyden ~ Planning and Zoning Director DATE: June 23, 1995 RE: Farm Stores, File No. PKLV 94-002 Parking Lot Variance - Distance driveway may be located from an intersection higher than a local street and parking lot layout back up dimension. Accompanying this memorandum you will find a copy of the application and relatf=d documentation for the above-referenced request for a variance to Chapter 23 - PaLking Lots, Article II, Section H. 3. and 1.1. of the City's Land Development Regulations. Checks in the amounts of $400.00 and $100.00 to cover the review and processing of this application have been forwarded to the Finance Department. The public hearing is scheduled for the July 18, 1995 City Commission meeting. The legal advertisement for this request will be forwarded to your office after review by the City Attorney and City Manager. TJH:arw Attachments .:fara.tore,lQl NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the city Commission of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, July 18, 1995, at City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider an application for a PARKING LOT VARIANCE on the following described property: Applicant: Farm Stores Owner: Walter Dutch Trustee Location: Northwest corner of Boynton Beach Boulevard and Northwest 7th Court Variances Requested: Chapter 23 - Parking Lots, Article II, Section H. 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 classification." AND Chapter 23 - Parking Lots, Article II,Section I. 1. "Parking lots shall be designed to meet or exceed the dimensional requirements for stalls, driveways and access aisles as provided for in city standards." Nature of Variances Requested: To construct an egress driveway on a road classification as an arterial within 73 feet of an intersection. AND To design a parking lot access aisle for ninety degree parking 19 feet wide rather than the required 27 feet. Use: Drive-through convenience store Legal Description: LOT 12, PLUS THE SOUTH 50.00 FEET OF LOT 11, "DEIERL PARK", 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 23, PAGE 236, LESS THE RIGHT-OF-WAY FOR SR 804 AS RECORDED IN ORB 8276, PAGE 1602 AND RECORDED MAY 25, 1994; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF THE SOUTH 50.00 FEET OF SAID LOT 11; THENCE RUN SOUTH 01 DEGREES 38 MINUTES 24 SECONDS EAST ALONG THE EAST LINE OF SAID LOTS 11 AND 12 FOR A DISTANCE OF 150.11 FEET TO A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 25.00 FEET, THRU A CENTRAL ANGLE OF 91 DEGREES 38 MINUTES 31 SECONDS FOR AN ARC DISTANCE OF 39.99 FEET TO A POINT OF 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 48.27 FEET TO A POINT; THENCE RUN NORTH 01 DEGREES 38 MINUTES 24 SECONDS WEST ALONG THE WEST LINE OF SAID LOTS 12 AND 11 FOR A DI STANCE OF 173. 72 FEET TO A POINT; THENCE RUN NORTH 88 DEGREES 03 MINUTES 36 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTH 50.00 FEET OF SAID LOT 11 FOR A DISTANCE OF 73.97 FEET TO THE POINT OF BEGINNING. Page 2 ALSO All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Planning and Development Board and 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. CITY OF BOYNTON BEACH SUZANNE H. KRUSE CITY CLERK (407) 375-6062 .:f.rm.tor.11l1 .- - To Whom This May Concern: The undersigned, being the tenant of the real property located in Palm Beach County, Florida, located at the NW corner of Boynton Beach Boulevard and NW 7th Court, Boynton Beach, Florida and more particularly described as: Lot 12, plus the South SO feet of Lot 11, Deierl Park, according to the Plat thereof on file in Clerk of the Circuit Court in and for Palm Beach County Florida, recorded in Plat Book 23, Page 236, less the right of way for State Road 804 as recorded May 25, 1994 in Official Records Book 8276, Page 1602 in the Public Records of Palm Beach County, Florida, (the nproperty"), hereby certifies that: 1. REWJB INVESTMENTS, d/b/a Farm Stores has entered into a Ground Lease with WALTER DUTCH, as Trustee of the Walter Dutch Trust, dated December 14, 1994. 2. REWJB Investments, d/b/a Farm Stores hereby authorizes EGN, Inc. Engineering to act on its behalf in order to obtain any variances and site plan approvals for the Property and therefore to execute any and all documents necessary to obtain any and all variances and approvals. REWJB INVESTMENTS, d/b/a Farm Stores a Florida genera p nership By: F. S. Stor c. a Florida corporatio , managing By: STATE OF FLORIDA COUNTY OF' DADE On this ~~ day of May, 1995 before me, the undersigned notary public, personally appeared Marc S. Feller, Executive Vice-President of F. S. Stores, Inc., a Florida corporation, the managing general partner of REWJB INVESTMENTS, d/b/a Farm Stores, a Florida general partnership, personally known to me to be the person who subscribed to the foregoing instrument and who executed this document on behalf of the corporation and partnership. IN WITNESS WHEREOF, I seal. ~ NOTARY PUBLIC, Name (Print): Commission N9.. ... My commiss~~ "EXP, E:l..I~Rr.N T. HUrFJIAH '..... NOTA~~\... Mv' Comm Exp. 5-26-. 1 ftu.uc j Bonded By Service ... C'& ,,-0 No. CCt98829