CORRESPONDENCE
~.;rq-~
PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-294
FROM:
J. Scott Miller
city Manager
Tambri J. HeYden/O-tJ-
Acting Planning and/zoning Director
TO:
DATE:
November 10, 1993
RE:
Supercity Discount Food and Beverage - File No. 784
Parking Lot Variance (Driveway Distance)
Please place the above-referenced item on the City Commission
agenda for Tuesday, November 16, 1993 under Development Plans,
Consent Agenda.
DESCRIPTION: Shafiqul Islam, applicant and owner of the property
at 101 North Federal Highway, in connection with a major site
plan modification for upgrading site improvements (a separate
agenda item for the November 16, 1993 meeting) is requesting a
variance to Section 5-142 (h) (3) Driveway of Article X, Parking
Lots. This section requires that driveways on arterials and
collectors, such as Ocean Avenue and Federal Highway, where the
site is located, be placed a minimum 180 feet from the
intersecting rights-of-way lines.
The applicant is proposing to reduce the width of the existing
driveway off of Ocean Avenue, however, he is requesting that the
driveway be located 43.4 feet from the intersection of Ocean
Avenue and Federal Highway. The driveway for which the variance
is requested is within the block proposed for the Ocean Avenue
streetscape improvements.
RECOMMENDATION: The Planning and Development Board unanimously
recommended approval of this request subject to the attached
staff recommendation that left turns be prohibited from the
subject driveway and posted accordingly.
TJH/jm
Att.
A:SUPERPLV.JM
PLANNING & ZONING DEPARTMENT
MEMORANDUM NO. 93-267
TO:
Sue Kruse
City Clerk
F ~~
Tambri J. Heyden -.::::;/~. . ~,
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 Attorneyts and City Manager's
offices.
A~"inistrator
totER: frh
Encs
xc;
Numbered file
Project file
1-
.--.--."".-.---..-..T-----~....
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REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request
to have a Legal Notice or Legal Advertisement Published and must
be submitted to the office of the City Attorney 8 working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:
PLANNING AND ZONING DEPART~ffiNT
PREPARED BY:
HICHAEL HAAG
DATE PREPARED:
10-12-93
BRIEF DESCRIPTION OF NOTICE OR AD:
parkina Lot Variance -
Planninq and Develooment Meetinq - November 9, 1993
, Retail Food and Beveraqe Store - Shafique Islam
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
,
Standard legal ad
SEND COPIES OF AD TO:
Npw~p~ppr rlnn rlpp';~rln+
NEWSPAPER(S) TO PUBLISH:
Tn h~ n~+prm;npn hy Ci+y C'~rk
DATE(S) TO BE
PUBLISHED:
To be determined by City Clerk
APPROVED BY:
,,/ '~ /J/
(1) -clAn-h. f.IW.~.
(Departmen Head)
( 2 )
(City Attorney)
(Date)
( 3 )
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
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:
Shafique Islam
Owner:
Same
Legal
Description:
That certain real property lying and
situated in Palm Beach County, Florida,
and described as three tracts:
TRACT 1:
All of the North 58.25 feet of Lot 14 and
all of the East 9 feet of the North 58.25
feet of Lot 13, Block 6 original townsite
of Boynton, Florida, according to a plat
thereof on file in plat Book 1, Page 23,
Palm Beach County, Florida public
records, and also according to the
attached sketch of Lot 14 and East 9 feet
of Lot 13, Block 6, original townsite of
Boynton, Florida, surveyed and prepared
by George S. Brockway, Engineer, under
date of December, 1939, and marked on
said sketch as "Tract 1"; also
TRACT 2:
All of the south 68 feet of Lot 14 and
the East 9 feet of South 68 feet of Lot
13, Block 6, original townsite of
Boynton, Florida, according to a plat
thereof on file in Plat Book 1, Page 23,
Palm Beach county, Florida public
records, and also according to the
attached sketch of Lot 14 and East 9 feet
of Lot 13, Block 6, original townsite of
Boynton, Florida, surveyed and prepared
by George S. Brockway, Engineer, under
date of December 1939, and marked on said
sketch as "Tract 2".
Being the same real property conveyed to
Standard oil Company, a Kentucky
corporation, by Trustee's Warranty Deed,
from the Trustees of the Boynton
Methodist Episcopalian Church, South,
Boynton, dated June 19, 1929, and
recorded in Deed Book 443, at Page 251,
Palm Beach county, Florida, public
records, as corrected by Trustee's
Warranty Deed dated February 7, 1940,
recorded in Deed Book 600, Page 312,
aforesaid county.
TRACT 3:
West 41 feet of Lot 13 in Block 6 of the
Town of Boynton, Palm Beach county,
Florida, 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 1,
Page 23.
NOTICE OF PUBLIC HEARING - shafique Islam
Page 2
Being the same real property conveyed to
Standard Oil Company, a Kentucky
corporation, by Warranty Deed dated
December 31, 1954, from C. B. Settlemire
and Ruth W. Settlemire, husband and wife,
recorded in Deed Book 1077, Page 51,
aforesaid county, as corrected by deed
recorded January 25, 1955 in Deed Book
1078, Page 651, aforesaid county, as
corrected by deed recorded January 14,
1955, in Deed Book 1077, Page 479,
aforesaid county, as corrected by deed
recorded March 8, 1955, in Deed Book
1084, Page 169, aforesaid county.
LESS AND EXCEPT
The East 10 feet of Lot 14 and the south
8 feet, less the East 10 feet thereof, of
Lot 14, Block 6, original Town of
Boynton, according to the plat thereof as
recorded in Plat Book 1 at Page 23 of the
Public Records of Palm Beach County,
Florida; being in Section 28, Township 45
South, Range 43 East.
Location:
101 North Federal Highway
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)
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.
Nature of
Variance
Requested:
To install a two-way driveway on Ocean
Avenue. The driveway to the site will be
located 43.4 feet west of the
intersecting right-of-way lines of US
Highway #1 and Ocean Avenue.
Ocean Avenue is a Local Collector Street.
Use:
Retail food and beverage store.
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
A:PH-ISLAM.JM
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:
Shafiqul Islam
Owner:
Same
Legal
Description:
That certain real property lying and
situated in Palm Beach County, Florida,
and described as three tracts:
TRACT 1:
All of the North 58.25 feet of Lot 14 and
all of the East 9 feet of the North 58.25
feet of Lot 13, Block 6 original townsite
of Boynton, Florida, according to a plat
thereof on file in Plat Book 1, Page 23,
Palm Beach County, Florida public
records, and also according to the
attached sketch of Lot 14 and East 9 feet
of Lot 13, Block 6, original townsite of
Boynton, Florida, surveyed and prepared
by George S. Brockway, Engineer, under
date of December, 1939, and marked on
said sketch as "Tract 1"; also
TRACT 2:
All of the South 68 feet of Lot 14 and
the East 9 feet of South 68 feet of Lot
13, Block 6, original townsi te of
Boynton, Florida, according to a plat
thereof on file in Plat Book 1, page 23,
Palm Beach County, Florida public
records, and also according to the
attached sketch of Lot 14 and East 9 feet
of Lot 13, Block 6, original townsite of
Boynton, Florida, surveyed and prepared
by George S. Brockway, Engineer, under
date of December 1939, and marked on said
sketch as "Tract 2".
Being the same real property conveyed to
Standard Oil Company, a Kentucky
corporation, by Trustee's Warranty Deed,
from the Trustees of the Boynton
Methodist Episcopalian Church, South,
Boynton, dated June 19, 1929, and
recorded in Deed Book 443, at page 251,
Palm Beach County, Florida, public
records, as corrected by Trustee's
Warranty Deed dated February 7, 1940,
recorded in Deed Book 600, Page 312,
aforesaid county.
TRACT 3:
West 41 feet of Lot 13 in Block 6 of the
Town of Boynton, Palm Beach County,
Florida, 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 1,
Page 23.
NOTICE OF PUBLIC HEARING - Shafiqul Islam
Page 2
Being the same real property conveyed to
Standard Oil Company, a Kentucky
corporation, by Warranty Deed dated
December 31, 1954, from C. B. Settlemire
and Ruth W. Settlemire, husband and wife,
recorded in Deed Book 1077, Page 51,
aforesaid county, as corrected by deed
recorded January 25, 1955 in Deed Book
1078, Page 651, aforesaid county, as
corrected by deed recorded January 14,
1955, in Deed Book 1077, Page 479,
aforesaid county, as corrected by deed
recorded March 8, 1955, in Deed Book
1084, Page 169, aforesaid county.
LESS AND EXCEPT
The East 10 feet of Lot 14 and the South
8 feet, less the East 10 feet thereof, of
Lot 14, Block 6, Original Town of
Boynton, according to the plat thereof as
recorded in Plat Book 1 at Page 23 of the
Public Records of Palm Beach County,
Florida; being in Section 28, Township 45
South, Range 43 East.
Location:
101 North Federal Highway
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)
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.
Nature of
Variance
Requested:
To install a two-way driveway on Ocean
Avenue. The driveway to the site will be
located 43.4 feet west of the
intersecting r1ght-of-way lines of US
Highway #1 and Ocean Avenue.
Ocean Avenue is a Local Collector Street.
Use:
Retail food and beverage store.
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 cons1dered 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 WhlCh 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
MEMORfu~DUM NO. 94-097
FROM:
Al Newbold
Deputy Building Official
-t).. /1 il_~~
Michael E. Haag.~~
Zoning & Site D ~ . ent
April 14, 1994
Administrator
TO:
DATE:
SUBJECT: Transmittal of Development Orders
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
t::-ansmitted:
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
Checkers 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 minutes
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 ot the Ncvember 16, 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 minutes
vlsuper City Fo~d & Discount - parking lot v~riance
- Copy OI the staff report and commen~s
- copy of the written order signed by the Mayor
- copy of the November 16, 1993, City Commission minutes
Harveyts 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 ~inutes
~.._-~
....._....~._--_.._-._.--1
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 minutes
~ 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 1B, 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
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OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
DATE: October 15, 1993
Ms. Tambri Heyden
Acting Planning & Zoning Director
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.
Ri-/I ~<?~ ~
SK:slb
attachment
cc: City Manager
~
OCT 2 5_
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...
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
..".'"
ORDER
In Re:
The application of SHAFIGUL ISLAM, applicant and
property owner of SUPERCITY DISCOUNT FOOD AND
BEVERAGE
This matter came before the City Commission of the City of
Boynton Beach, Florida on Tuesday, November 16, 1993, requesting
approval of a variance to Section S-142(h)(3), Article X of the
Code of Ordinances of the City of Boynton Beach, Driveway. The
applicant is requesting relief from the Code in connection with the
proposed major modifications to the building and site.
The site
is located at the northeast corner of the intersection of US
Highway #1 and Ocean Avenue. The subject of the request is the
two-way driveway located on Ocean Avenue. Ocean Avenue is a City
collector road. The topic under consideration was the distance of
forty-three point four (43.4) feet that the driveway is located
from the intersection line of US Highway #1.
The Board having
heard the recommendation of city administrative staff finds the
following:
1.
The
Board
finds
that
special
conditions
and
circumstances exist which are peculiar to the physical or
topographical features of the land or structures, which are not
applicable to other lands or structures within the city.
2. That literal enforcement of the provisions of this
article would deprive the applicant of rights, commonly enjoyed by
other properties in the vicinity under the terms of this article.
3. That the special conditions and circumstances referred to
--r--_.n n n. _..
. ~
in subsection 1. above do not result from the action of the
applicant or his predecessors.
4. That granting the variance requested will not confer on
the applicant any special privilege that is denied by this article
to other lands or structures in the city.
ACCORDINGLY, IT IS ORDERED that the applicant's request for
variance to Section 5-142(h)(3) is granted subject to staff
comments attached hereto and made a part hereof.
DATED:
12..-8-Q,3
BY:
YNTON BEACH
ATTEST:
~:LA~ ;5U-A~lt
Ci ty Clerk C /D~a)
Board.Ord
SCity.Var
12/7/93
...- T- .-...-.-...--.-- .....
7A14
SUPERCITY DISCOUNT FOOD & BEVERAGE
PARKING LOT VARIANCE
PLANNING AND ZONING DEPARTMENT MEMORANDUM ~93-283
TO:
Plann1ng & Development Board Members
FROM:
,
/
1'ambr1 J. Heyden '."
Acting Planning & ton]ng
Michael E. Haa~:'~
Zoning & Slte ~~~opment
Ncvember 5, 1993
,
"-</\
THRU:
D1rector
Adnnn1strator
DATE:
RE:
Superc1ty D1scount Food and Beverage
Parking Lot Var1ance
File No. 784
Section 5-145 (c) (4) of the code of Ordinances requlres that
when a variance to Section 5, Art1cle X, Park1ng Lots 1S
requested, the Technical ReV1ew committee must forward a
recommendation to the Planning and Development Board. The
recommendation is to be made part of the public hear1ng
proceedings. This memorandum is forwarded to you, cons1stent
with Section 5-145 (e) (4).
Shafigul IslaQ, applicant and property owner, is request1ng a
variance to Section 5-142 (h) (3) of the Parking Lot Regulatlons.
A description of the Section is shown on the attached Park1ng Lot
Variance application. The applicant is requesting rel1ef from
the code in connect1on with the proposed major modificat1ons to
the building and site. The site 1S located at the northwest
corner of the 1ntersection of us Highway #1 and Ocean Avenue.
The subject of the request is the two-way dr1veway located on
Ocean Avenue. Ocean Avenue is a C1ty collector road. The tOp1C
under consideration is the distance of forty-three p01nt four
143.4) feet that the drlveway is located from the intersect1ng
line of US Highway #1.
The Code requires the distance to be no less than one hundred
e1ghty (180) feet. Find attached a copy of the reduced slte plan
and survey that depicts the site and was submitted w1th the
variance request. (Exh1b1t "A"). Please note that the length of
the property that abuts Ocean Avenue is ninety (90) feet. The
length of the property 15 one-half of the distance required by
the Code to install a driveway. Therefore, 1t 1S impossible to
place the driveway access on the subject property and be one
h~ndred eighty (180) feet from the 1ntersection. Add1t1onal
details concerning the nature of the request and the
justification are outlined in the attached parking Lot Var1ance
application.
On Thursday, October 14, 1993, the Techn1cal Review Committee
(TRC) met to review the plans and documents submitted for the
variance. After review and discussion, the committee made the
following recommendation regarding the var1ance request:
The Committee unanimously recommended that the request
be approved subJect to a "No Left Turn" sign be1ng
installed on the west side of the south egress from the
site. A den1al of the request would make the dr1veway
located on the twenty (20) foot w1de C1ty alley the
primary and only veh1cle 1ngressjegress to the site.
This condition will create traffic congest1on and a
-.j -
Supercity Parking Lot Variance
Page 2
traffic hazard. The turning radius created by the
Ocean Avenue lmprovements located east of the subJect
driveway allow for a good transitlon into the slte for
vehicles traveling south on US Highway ~1. A "No Lett
Turn" sign wlll be lnstalled on the west slde of the
on-site egress to Ocean Avenue. The sign wlll dlvert
traffic away from the intersection. The orlginal plans
for the Ocean Avenue improvements did not show a
driveway to the slte, but the plans have b~en modified
to accommodate the proposed driveway. Find attached
memorandums from the following Technlcal ReVlew
Committee members: Clty Englneer, Engineerlng
Department Memorandum dated october 20, 1993; Deputy
City Engineer, Memorandum #93-300 and Roads and Streets
Supervisor, Memorandum #93-212. The City Englneer's
Memorandum established that the subject property
requlres one (1) variance for the drlveway located on
Ocean Avenue. The folloWing lS a clarificatlon
regarding Memorandum #93-300:
The Technical ReVlew Committee recommended approval of the
variance, however, the consensus of the Committee was that the
city should make the lmprovements to the City alley. The Roads
and Streets Supervisor followed the consensus of the Committee
and identified the improvements on the 1994 resurfaclng llst.
The Technical Review Committee encourages the Board to approve
the variance.
MEH/jm
A:SUPERPLV.JM
r
~
VIII. DEVELOPMENT PLANS
A.2
cc: Bldg, Plan, Eng, Ut:
PLANNING AND ZONING DEPARTMENT MEMORANDUM #93-294
FROM:
J. Scott Miller
city Manager
~J'
Tambri J. Heyden j'y..).[;:r
Acting Planning an~zoning Director
TO:
DATE:
November 10, 1993
RE:
Supercity Discount Food and Beverage - File No. 784
Parking Lot Varlance (Driveway Distance)
Please place the above-referenced item on the City Commission
agenda for Tuesday, November 16, 1993 under Development Plans,
Consent Agenda.
DESCRIPTION: Shafiqul Islam, applicant and owner of the property
at 101 North Federal Highway, in connection with a maJor site
plan modification for upgradlng site lmprovements (a separate
agenda item for the November 16, 1993 meeting) is requesting a
variance to Section 5-142 (h) (3) Driveway of Article X, Parklng
Lots. This section requires that driveways on arterials and
collectors, such as Ocean Avenue and Federal Highway, where the
site is located, be placed a minimum 180 feet from the
intersecting rights-of-way lines.
The applicant is proposlng to reduce the width of the existing
driveway off of Ocean Avenue, however, he is requesting that the
driveway be located 43.4 feet from the intersection of Ocean
Avenue and Federal Highway. The driveway for which the varlance
is requested is within the block proposed for the Ocean Avenue
streetscape improvements.
RECOMMENDATION: The Planning and Development Board unanimously
recommended approval of this request subject to the attached
staff recommendation that left turns be prohibited from the
subject driveway and posted accordingly.
TJH/jm
Att.
A:SUPERPLV.JM
PLANNING AND ZONING DEPARTMENT MEMORANDUM ~93-283
THRU:
,
/
Tambr~ J. Heyden /( '. '
Acting Plann~ng & ton]ng
Michael E. Haa~:'~
Zoning & S~te ~~~opment
November 5, 1993
Plann~ng & Development Board Members
. . ;
; I
I /</(
Dlriktor
+
'. I
TO:
FROM:
Admln1strator
DATE:
RE:
Superc1ty Discount Food and Beverage
Parking Lot Var1ance
File No. 784
Section 5-145 (C) (4) of the Code of Ordinances requ1res that
when a variance to section 5, Art1cle X, Park1ng Lots 1S
requested, the Technical Review Committee must forward a
recommendation to the Planning and Development Board. The
recommendation is to be made part of the publiC hear1ng
proceedings. This memorandum is forwarded to you, consistent
with Section 5-145 (e) (4).
Shafigul Islam, applicant and property owner, IS request~ng a
variance to Section 5-142 (h) (3) of the Parking Lot Regulat~ons.
A description of the Section is shown on the attached Park1ng Lot
Variance appllcation. The applicant 1S requesting rel1ef from
the Code in connection with the proposed major modificat1ons to
the bUilding and site. The site 1S located at the northwest
corner of the 1ntersection of US H1ghway #1 and Ocean Avenue.
The subject of the request is the two-way dr1veway located on
Ocean Avenue. Ocean Avenue is a C1ty collector road. The tOplC
under consideration is the distance of forty-three point four
(43.4) feet that the driveway is located from the ~ntersect1ng
line of US Highway #1.
The Code requires the distance to be no less than one hundred
elghty (180) feet. Find attached a copy of the reduced slte plan
and survey that dep~cts the site and was submitted w1th the
variance request. (Exh1blt "All). Please note that the length of
the property that abuts Ocean Avenue is ninety (90) feet. The
length of the property 1S one-half of the distance required by
the Code to install a driveway. Therefore, 1t 1S impossible to
place the driveway access on the subJect property and be one
hundred eighty (180) feet from the 1ntersection. Addltlonal
details concerning the nature of the request and the
justification are outlined in the attached Parking Lot variance
application.
On Thursday, October 14, 1993, the Techn~cal Review Committee
(TRC) met to review the plans and documents submitted for the
variance. After review and discussion, the committee made the
following recommendation regarding the var~ance request:
The Committee unanimously recommended that the request
be approved subJect to a "No Left Turn" sign be~ng
installed on the west s~de of the south egress from the
site. A den1al of the request would make the dr1veway
located on the twenty (20) foot wide Clty alley the
primary and only veh1cle ~ngress/egress to the site.
This condition will create traffic congest1on and a
.-./
..
Supercity Parking Lot Variance
Page 2
traffic hazard. The turning radius created by the
Ocean Avenue ~mprovements located east of the subject
driveway allow for a good transit~on into the s~te for
vehicles traveling south on US Highway #1. A "No Left
Turnlt sign w~ll be 1nstalled on the west s~de of the
on-site egress to Ocean Avenue. The s1gn w111 d1vert
traffic away from the intersection. The or~ginal plans
for the Ocean Avenue improvements d1d not show a
driveway to the s~te, but the plans have been modif~ed
to accommodate the proposed driveway. Find attached
memorandums from the following Technical Rev~ew
Committee members: C~ty Eng~neer, Engineering
Department Memorandum dated October 20, 1993; Deputy
City Engineer, Memorandum #93-300 and Roads and Streets
Supervisor, Memorandum #93-212. The City Eng~neer's
Memorandum established that the subject property
requires one (1) variance for the driveway located on
Ocean Avenue. The following ~s a clarificat~on
regarding Memorandum #93-300:
The Technical ReV1ew Committee recommended approval of the
variance, however, the consensus of the Committee was that the
City should make the ~mprovements to the City alley. The Roads
and Streets Supervisor followed the consensus of the Committee
and identified the improvements on the 1994 resurfac~ng l~st.
The Technical Review Committee encourages the Board to approve
the variance.
MEH/jm
A:SUPERPLV.JM
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CITY !Ol' BOYNTON BEACH,
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!r:PLANNING ,
i
FLORIDA
ZONI~r,~ARD
,.
APPLICATION FOR VARIANCES
TO PARKING LOT REGULATIONS
i !
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.
, '
Pleaae Print Legibly or Type All Informa~ion.
1. Project Name of Site Upon Which Parking Lot is Located:
<tI~ CI"'0.1 OI>CevJJ T A1oo..( Be~Ji
I
2.
Date This Application is Submitted:
",jo..:.J.c -:1
I' ~ . 1.. .,
.'
3.
Applicant's Name (person or business
this application is made):
I'
9-#rA Cptlt.. I st,-t#1
:2.11 I i./ E 3d .s r
heyAJWN lJ:;.G~ R-
~7~ ;})'f - 7 ~~ Fax:
entity in whose name
Address:
3; ~ f/-3S-
(Zip Code)
Phone:
4. Agent's Name (person, if any, representing applicant):*
Address:
(Zip Code)
Phone:
Fax:
* A letter from the applicant or owner authorizing the agent
is required.
5.
Property OWner's (or Trustee's) Name:
,
5 fHtFI fO C l.s U1-1
{)...;/I NE 3d sr
I!>>j ~J.J IbAA-t9I fi,
Phone: 'tP.7 - ~"I '1-- 1~S- Pax:
Address:
-a a 'l-3S
(Zip Code )'
6. Correspondence Address (if different than applicant or
agent)**:
** This is the address to which all agendas, letters, and
other materials will be mailed.
I
PLANNING DEPT. - January 1991
A:PkLotVar
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Wha~ is apPlic~t's interest
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in the premises
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(2)
"
affected?
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(owner~ Buyer, Lessee, Builder, Developer, etc.)
8. Street Address of Location of Site Upon Which Parking Lot is
Located: '
/01 N', :F8DtiJI'lA'L ~
I!>>jNtDJ ~. Fe.
9. Legal Description of Site Upon Which Parking Lot is Located:
N. 9 I 2~' OF U; T I 'I- l:. e. q I cr N I .5"8, ~I tf
1.,07 13 I ~C-K-l~ I OIU,'J./~l- z:e;uJlJ if ~cyvw}..J I
j, 5 ~ be; I OF (,pr I t/- ~ r.;, 1, () , a::. ~, !J,& I 0':
toT 13 I /!;MJt;Jc. bIb tlb/vAt- TO /VA) of PbPf tJTo^, -
10. Intended Use(s) of Site Upon Which Parking Lot is Located:
& ~~I L, 5e1Z() Ja:
70 t6E- S~ ~lAU)
11. Developer or Builder:
Surveyor:
a/z)Il~E C.. ()/HAS
NolJE
Nt) ,...e
IVO /JE-
12A~ t.-, ~AfU) J
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12.
13.
Archi teet:
Landscape Architect:
Site Planner:
14.
15.
16.
17.
Engineer:
Traffic Engineer:
.
18. Copy of last recorded Warranty Deed included? (check) .......
19. Letter authorizing agent (if any) included? (check) AlA
20. Site plan and survey (2 copies each) attached? (cheek) ~
21. Number of variances requested on the fallowing sheets: . I
NOTE: A separate sheet IlUSt be campleted for each specific
design requirement (See. 5-141) or permit application
requirement (See, 5-142) to which a variance is
requested.
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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 bel~;
Section, Subsection, and paragraph number of specific requirement
to which var iance is fequested, and exact language contained in
the Code:
(3) No parking lot driveway may be constructed closer
than thirty (SO) feet from the intersection of the right.
of.way lines along local streets and one hundred eigpty
(180) feet along streets of a higher classification as
shown on the city or county thoroughfare plan..
Nature of Variance Requested: 4 I/()M) +k.. ~ I i -l..., . J , , 've- / f2.. -;" /
P'Yl ~ C/.4AL ~<' nil.!. ~ YiI.- M ~ /1'1 :. a II ~ i/.... d.. ;0'( .pH f
~ t.e.- ;14.. liP 'c:P , WI 't'J>1 /7'$ w.es or 'S I /::l!. Be, ...t. '1 "2... t.. I
P~11 Wt;;><;. 't pf/..O P pll:t''7 ~ u=.,} -1:3 I . -+ ft!eN ,ME r 16 (
, f..
f i! t}\l:&/J"i-? L-'" 1Jt= ~ c{) tn T & ,,'1'':i3
statement of special Conditions, Hardships, or other reasons
Justifying the Requested Variance (attached additional sheets if
necessary) :
G;~f'I:f'" Fot!. 41.1 /E.,.T1fI1.r if (He kuStj. ~~1l.1H
51 a I TlIE_p:'t.Is.rlvV'~ S~vI M:rL. t~ t't11E- D~ ,+a:.e~s-
Gt.Ut: .. to -r:/Iff' sire.. 'S,rrr:.e..- ~ />YI:>fJ ff1. -r:; 15 1/8'" X
17J ' ( /7' I ~ 1M fl"i H I.Y..~ To C/) J.,.{ ,,~ tv. U4 7fIP f14f1-ft:.I t../;'
~tWIIPrPlE, IF tl4t:. 0/./:& CA-t-M:ff fI,~. KEf), ~ P~'7
ClfpM>( fisE UifJQ /=iJf. 1h~/A/j;~ fUt(XJ4!i3. W-Jlt IS.( ~I (,)!J/~
Ir:/"A-W.$H1 fJ 0 1J ~Vft.s SI7?b · '
(1) (we) understand that this application aDd all papers or plans
.ubaitted herewit.h beaOlM a pazot: of t.he IMIJ:lUAent. ~.ao~4. 01 the
planning and zoning Jk)ard.. , i
1
(1) (We) hereby certify that the a))ove statements and the
statements or showings made in any papers or plans submitted
herewith are true to the best of (my) (our) knowledge. This
apPlic.ation will not be accepted uni~,,~-~. , 17
Signature of applicant or agent: ,/~
Date; \, /~ - tf- c;~
A:pkLotVar
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ENGINEERING DEPARTMENT MEMORANDUM
,
TO:
Tambri Heyden, Planning & Zoning Director
FROM:
DATE:
Harry T. Benoit, City, P.E., City Engineer =J..t. 9-. E .
October 20, 1993
RE:
Supercity Discount Store, Federal Highway and Ocean Ave.
Boynton Beach, Florida.
It is my opinion that the driveway on the south side of the subject property will not require
a variance to be used as access to the proposed Supercity Discount Store.
This driveway fronts on, and provides access to the site from an alley, not a street.
/bf
92-025/241
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ENGINEERING DEPARTMENT MEMO NO. 93-300
OCTOBER 14, 1993
TO: Mike Haag
Site Development Compliance Administrator
FROM: Vincent A. Finizio
Deputy City Engineer
RE: Variance Application
Supercity Discount Store
Technical Review Committee Comments
The City Engineer has requested I correspond with you and summarize
the concensus opinion of the City's Technical Review Committee
regarding their deliberation on the above referenced variance
application.
A quantity of two (2) driveways were considered by the T.R.C.
relative to their proposed location(s) in respect to Ocean Ave
(downtown) and an alley (Public R.O.W.) situated along the South
and North property lines respectively.
City Codes requires that driveways be located a minimum of one
hundred and eighty (180') feet from the intersecting rights-of-
way lines of streets with a higher classification than a "local
street".
Ocean Avenue is at a higher classification than "local" as it is a
"collector" and Federal Hwy. is at a higher classification than
"local" as it is an ilarterial" roadway, therefore points of ingress/
egress are to be located a minimum of one hundred and eighty (180')
feet from intersecting R.O.W. lines.
SUMMARY
1. The driveway (ingress/egress) approach onto Ocean Avenue is
situated forty three and one half (43.5') feet away from
intersecting R.O.W. lines, but the T.R.C. in considering the
restricted and limited size of the property (geometry) rendered
a unanimous favorable recommendation conditioned upon the subject
proposed new driveway coinciding and complimenting the City's
development plan for the downtown area. Also, low traffic
volumes generally noted along Ocean Avenue will in all likelihood
provide ample "Gaptime" permitting vehicles entry onto Ocean Ave.
2. The driveway (ingress/egress) approach onto a public alley which
intersects with Federal Hwy affords only a sixteen (16') foot
distance separation from intersecting R.O.W. lines. This drive-
way is an existing driveway.
The Technical Review Committee has noted that the alley along the
property line/North side of the site (93' long property lines) is
in need of an asphalt overlay and as motorists along Federal Hwy may
enter this alley to access the driveway (subject of this variance)
without benefit of a deceleration lane, the T.R.C. recommends the
1--
,
Engineering Dept
to Mike Haag
Site Development
October 14, 1~3
page 2
,
approval of this driveway location conditioned upon the applicant
overlaying the alley with a minimum of one (1") inch Type II
Asphaltic Concrete (safety consideration).
Public Works Street Superintendent has estimated the cost to the
applicant to be approximately $500.00 to $600.00, a small contri-
bution toward improving safety and the downtown area.
Should City Boards compel the applicant to overlay the alley as a
Condition of Variance Approval the T.R.C. recommends approval of
the requested variance.
Should boards compel and the applicant object, the T.R.C. recommends
that the variance be denied and the driveway eliminated from plans
(reference. Cypress Manor Restaurant who chose not to pave alley and
therefore removed driveway from plans) .
TECHNICAL REVIEW COMMITTEE RECOMMENDATION
The T.R.C. recommends approval of the requested variance for
items #1 and #2 of this memorandum subject to conditions of approval.
\ . :\- ._~
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Vincent A. Finizio '
Deputy City Enginee
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cc: City Engineer (as discussed)
City Manager
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TECHNICAL COMMITTE~ ~IOt~(} .-'
FeR SiTE P~N R'" IEW .. r t\Af2t'~Ol?C\ [..S>..
2,';:;. <::~~t . Date 1~;~fJ' .::..m,Q .. ~e\2tV7 V\RL
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P~LIC WO~KS D~PARTMENT
ROADS & STREET~ DIVISION
MEMORANDUM #93-212
TO: Tambri Hayden, Senior Planner
FROM: Robert Gibson, Roads & Streets Supervisor
SUBJ: Alley No. of E. Ocean & South of NE 1st St.
DATE: October 21, 1993
From Federal Highway to NE 4th St. is on my resurfacing list for
"94" overall 343' X 22' wide with a rating of "13". This will take
approximately 44 tons X $30.00/ton for a total of $1,320.00.
The 60 I or so of utility repairs at the east end is the best
section of alley at this time.
If you have any questions please let me know.
Supervisor
~G/cr
cc: Robert Eichorst, Public Works Director
,\993
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LOCATION MAP
SUPERCITY DISCOUNT FOOD & BEVERAGE
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HANDOUT
7A14
SUPERCITY DISCOUNT FOOD & BEVEP~GE
PARKING LOT VARIANCE
ENGINEERING DEPARTMENT MEMORANDUM NO. 93-333
TO: Tambri Heyden
Acting Planning & Zoning Director
FROM: James D. White,
City Engineer
DATE: November 8, 1993
RE: Supercity Discount Food & Beverage Site Plan
Engineering Comment '4, Memo No. 93-310
Since the paving of the subject alley is planned to be paved by
Public Works in the future, Engineering will waive this condition
of approval.
JDW/ck
cc: Vincent A. Finizio, Deputy City Engineer
ill
m
-1-
-'
ENGINEERING DEPARTMElft MBIIORABDtDl NO. 93-310
11
TO: Ms. Tambri Heyden (). ~ber 27, 1993
Acting Planning Director ~_
FROM: Office of the City Engineerj.--'
RE: Technical. Revip.w Cnnnn~nts
supercity Discount Store
Rec~ndation to porward Pl.ans to Beviewinq Board(s)
The Engineering Department has conducted a review of the amended
plans and has performed a site reconnaisance of. the Supercity site.
Our comments are as follows:
Deputy City Engineer's Comments
1. The existing concrete approach along Ocean Avenue shall be
removed and a standard sidewalk constructed in it's place.
2. The sidewalk shall transition through the ingress/egress area
and be constructed at elevations which wil.~ facilitate the move-
ment of handicap persons through this area. The sidewalk area
through the approach shall be construqted with no less than 2500
psi concrete and be a minimum of six (6) inches in thickness.
3. Provide a "Stop-Sign" (Rl-1) at the intersection of the alley
at Federal Highway.
4. The site recon~aisance revealed that the last thirty (30') feet
of the east end of the alley is in need of' repair, therefore, the
plans shall be revised to indicate the removal of weeds and sand,
removal of irregular asphaltic concrete mounds, adjustment of valve
covers including the overlaying of the subject thirty (30) feet of
alley with a minimum of Type II asphaltic concrete (1").
5. The "Handicap-stall" detail does not comply with the latest
edition of the Department on Community Affairs Accessibility Manual.
A copy of the detail may be obtained in the Engineering Department.
6. The site plan is devoid of suitable Parking Lot Lighting. Revise
plans to indicate the location of lighting standards.
7. A "No Left Turn" sign shall be placed where the alley intersects
Federal Highway.
8. Provide Environmental Test Data and other related technical infor-
mation regarding the condition of sub-surface soils which currently
exist in the area where the underground fuel tanks were situated.
... ~"~ _.-+'.6..~ '. ~S-
cc: J. Scott Mille~
City Manager
-1-
CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
ORDER
In Re:
The application of SHAFIGUL ISLAM, applicant and
property owner of SUPERCITY DISCOUNT FOOD AND
BEVERAGE
This matter came before the City Commission of the City of
Boynton Beach, Florida on Tuesday, November 16, 1993, requesting
approval of a variance to Section S-142(h)(3), Article X of the
Code of Ordinances of the City of Boynton Beach, Driveway. The
applicant is requesting relief from the Code in connection with the
proposed major modifications to the building and site.
The site
is located at the northeast corner of the intersection of US
Highway #1 and Ocean Avenue. The subject of the request is the
two-way driveway located on Ocean Avenue. Ocean Avenue is a City
collector road. The topic under consideration was the distance of
forty-three point four (43.4) feet that the driveway is located
from the intersection line of US Highway #1.
The Board having
heard the recommendation of city administrative staff finds the
following:
1.
The
Board
finds
that
special
conditions
and
circumstances exist which are peculiar to the physical or
topographical features of the land or structures, which are not
applicable to other lands or structures within the city.
2. That literal enforcement of the provisions of this
article would deprive the applicant of rights, commonly enjoyed by
other properties in the vicinity under the terms of this article.
3. That the special conditions and circumstances referred to
....T....-.-...
in subsection 1. above do not result from the action of the
applicant or his predecessors.
4. That granting the variance requested will not confer on
the applicant any special privilege that is denied by this article
to other lands or structures in the city.
ACCORDINGLY, IT IS ORDERED that the applicant's request for
variance to Section 5-142(h)(3) is granted subject to staff
comments attached hereto and made a part hereof.
BY:
DATED:
/2.-g-Qa
ATTEST:
~~
Ci ty . Clerk r.. iO~)
Board.Ord
SCity.Var
12/7/93
-............_~..-....._.__._. .