LEGAL APPROVAL
ZONIING APPLICATION - WALTER DUTCH
STATEMENT
II (G)
Subject: Lot 11 less N. 45' Deier1 Park
is 50' X 75' or 3750 sq. ft. (.086 of an acre).
It cannot be used for any purpose under the zoning ordinances.
Subject is owned by applicant who owns all of Lot 12, abutting.
Lot 12 and the Subject is a contigous parcel and will have an
economic use if zoned C2.
Subject is not usable, until it is zoned the same as Lot 12.
0~4~
Walter Dutch
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MINUTES - REGUlAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
JUNE 16, 1992
zoned R-I-A and Mr. Dutch wishes to use the entire parcel as if it were zoned
C-2. It should be noted that a land use plan amendment and rezoning of this
same property were denied in 1987 by the City Commission and the Planning and
Zoning Board. Staff reviewed the request and feels it is reasonable since the
R-I-A section is approximately fifty by seventy, which would constitute about a
thirty-five hundred square foot lot. That lot is significantly smaller than
residential lots around it. In addition, the west side is zoned C-l. The
applicant has agreed to limit the north thirty feet to drainage and landscaping,
which would prOVide a thirty foot buffer between the house on the north side of
this property from any building that might take place. Originally it was recom-
mended that the north fifty feet be limited to that; however, after looking at a
proposed site plan from the applicant, if parking is put back there, it will be
even a greater impact to the houses. It is better to put the parking in the
front and slide the building back a little bit more. The applicant has also
agreed to make the building residential in character to fit in with the
surrounding houses. At its June 9, 1992 meeting, the Planning and Development
Board reviewed this request and forwarded it to the City Commission with a
recommendation for approval.
Anna Cottrell of Urban Design Studio, 2000 Palm Beach Lakes Boulevard, West Palm
Beach, stated that this will not only improve the developability of the one lot
that faces Boynton Beach Boulevard, but it also has the effect of eliminating a
currently nonconfonming lot that is undevelopable. In addition, it gives the
City the ability to impose some conditions on this development beyond the site
J plan approval conditions.
Motion
Commissioner Hanmening moved to approve the request from Walter Dutch to allow
a lot zoned for residential use and commercial use to be used for commercial use
as allowed by Appendix A, Section 3.g - division of lot of record (corner of
Boynton Beach Boulevard and N. W. 7th Court. Commissioner Walshak seconded the
motion which carried 5-0.
2. Request for extension of the Knuth Road PCD (West Boynton
Boulevlrd It Knuth ROld, southwest corner), Tlrl Oaks PUD (Elst
side of Knuth Road extended south between the LWDD L-25 lnd L-26
Clnals, lnd Boynton Beach Boulevard PCD (South side 0' West
Boynton Belch Boulevard between North Congress Avenue lnd Knuth
ROld)
Mr. Cutro said this is a request for a series of three planned developments that
were approved by the City Commission in December of 1990, which includes the
Knuth Road PCD, the Boynton Beach PCD, and the Tara Oaks PUD. The City
Commission has already approved the preliminary plat and the site plan for the
Knuth Road PCD and the infrastructure improvements have already been approved
for a portion of the Tara Oaks PUD. Staff also had discussions with the appli-
cant regarding some clearing that they wish to do of exotic species on the
Boynton Beach PCD. Therefore, there has been some progress made in terms of
J trying to get these developments moving. This request has been discussed with
the Concurrency Review Committee and no objections have been raised to the
- 15 -
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACHt FLORIDA
JUNE 16t 1992
I
2. Project Name:
Agent:
Owner:
Location:
Description:
Bookstop
Thomas T. McMurrain
American Development Corporation c/o Richard Boyer
1895 North Congress Avenue
Site Plln Modificltion: Request for site plan
approval to construct an 11,772 square foot retail
bookstore as an outparcel at the Target Shopping
Center.
"
Mr. Cutro said this is a request by American Development Corporation to allow
the construction of an 11,772 square foot bookstore at 1895 North Congress
Avenue, which is located in the Target Center. The applicant is requesting to
combine two existing outparcels from the original site plan and expand the floor
area to accommodate the proposed structure. Another outparcel exists on the
site. It should be noted that the applicant will need to have another traffic
study done in order to develop that site. He has run up his square footage to
the point that what he is proposing on that site will have to be rereviewed by
the County. However, that does not affect this site at the present time. There
is enough square footage left in the original site plan to allow this to go for-
ward. Staff reviewed the proposed site plan and found that the site complies
with the various codes of the City, including the zoning district it is located
in, the Community Design Plan, and the Landscaping Code. The Planning and
Development Board reviewed the proposed site plan and forwarded it the City
Commission with a recommendation for approval.
Commissioner Aguila said at least two years ago when the Target site plan was
originally brought through the City, it was a project of his office. Since then
his office has done no work for Target. Target is no longer a client of his
office and his office has no personal gain. Mr. Cherof asked Commissioner
Aguila if he has any work pending with that particular client or if he is owed
money from that project that might be paid if this were approved. Commissioner
Aguila answered in the negative. Mr. Cherof advised he has no conflict.
Motion
Commissioner Hanmening moved to approve this request for site plan approval to
construct a 11,772 square foot retail bookstore as an outparcel at the Target
Shopping Center. Commissioner Aguila seconded the motion which carried 5-0.
,1
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C. Other
1. Request from Wllter Dutch to allow l lot zoned for residentill
use and commerical use to be used 'or commercial use as allowed
by Appendix At Section 3.g - division of lot 0' record (corner of
Boynton Beach Boulevard lnd N. W. 7th Court)
Mr. Cutro said this is a request by Walter Dutch for an exception to allow the
use of a portion of a lot that is split by a zoning boundary for a C-2 zoning
use. This is allowed by Appendix A, Section 3.5.g. The subject property is
located at the northwest corner of Boynton Beach Boulevard and N. W. 7th Court.
The southern portion of the lot is zoned C-2, while the nor~et is
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the Planning & Zoning Board of the CITY OF
BOYNTON BEACH~ FLORIDA~ will conduct a PUBLIC HEARING at 7:30 P.M. on
Tuesday~ May l2~ 1987, at City Hall, to consider applications with
respect to the following described properties located within the limits
of said City, Palm Beach County, pursuant to the request of the party in
interest:
PARCEL # 1
LEGAL DESCRIPTION:
Lots 1-7, Block 72, Beverly Hills Add. No.3, less the-
Southerly 13 feet of Lots 1, 2, 3 and East 22' of
Lot 4, also less R/W for 1-95, according to the plat
Beverly Hills Add. No.3, as recorded in P.B. 13, PG. 64
of the Public Records of Palm Beach County, Florida.
APPLICANT:
Holiday Inn
AGENT:
Charles B. Bland, Jr., P.E.
OWNER:
C. L. Leemon, Inc.
PROJECT NAME: Holiday Inn
PROPOSED USE: Additional parking for existing Holiday Inn
LOCATION:
Southwest corner of N.W. 1st Avenue and
N.W.. 4th street
REQUEST:
REZONE from - R-I-A Single Family Residential
to - C-3 Community Commercial District
LAND USE AMENDMENT from
to
Low Density Residential
- Local Retail Commercial
PARCEL #2
LEGAL DESCRIPTION:
Lot 11, less the North 45 feet thereof, 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
APPLICANT/
OWNER:
Walter Dutch
PROPOSED USE: will be used for Commercial along with adjoining
Lot 12, Deierl Park
LOCATION:
N. w. 7th Court
REQUEST:
REZONE from - R-I-A Single Family Residential
to - C-2 Neighborhood Commercial District
LAND USE AMENDMENT from - Residential
to - Local Retail Commercial
ALSO
A PUBLIC HEARING will be held by the City Council of the City of
Boynton Beach on the above request on Tuesday, May 19, 1987, at
8:00 P. M. or as soon thereafter as the agenda permits.
All interested parties are notified to appear at said hearings in per-
son or by attorney and be heard. Any person who decides to appeal any
decision of the Planning & Zoning Board or City Council with respect
to any matter considered at these meetings 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.
BETTY S. BORONI, CITY CLERK
CITY OF BOYNTON BEACH
PUBLISH: THE POST '.
April 26 & May 3, 1987
cc: City Council
City Attorney
Recording Secretary
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T\ ( ......)
'it" ' 6
MEMORANDUM
17 JUly 1989
TO: Gene Moore, Mayor
THROUGH: Peter L. Cheney, City Manager
FROM: Carmen S. Annunziato, Planning Director
RE: Walter Dutch Requests for an Amendment t~ the
comprehensive Plan Future Land Use Element from Low
Density Residential to Local Retail and Rezoning From
R1A Single-Family Residential to C-2 Neighborhood
Commercial
On Tuesday, May 19, 1987 the City Commission conducted a public
hearing on the above-referenced requests, and following the
public hearing, the city Commission unanimously denied the
requests. '
Section 3A5(g) allows the Planning and Zoning Board and City
Commission to extend the zoning into either section. of a divided
lot. This Section as applied to Mr. Dutch raised many issues.
First, the land which Mr. Dutch requested a change on is
separated from the commercially zoned lot by a lot Wine. The
current zoning does not split anyone lot. Second" state
statutes have changed, and the procedures for Future Land Use
Element amendments superceed this Code section. Finally, Mr.
Dutch can request a change in land use designation and zoning on
Lot 12 and combine it with what remains of Lot 11 and have a
buildable lot.
~~~
CARMEN S. ANN UN lATO
/bks
Gene.m
Walter Dutch
240 SOUTHLAND I
PALM BEACH, FLORIDA 33480
June 30, 1989
Hon. Gene Moore, Mayor
City of Boynton Beach
p.e.Box 910
Boynton Beach, Fl. 33425
Re: Lot 12 and S. 50' of Lot 11
Deierl Park, Boynton Beach
Some tome ago I discovered the above described parcel had been
split by zoning. The South 139' fronting on Boynton Beach Blvd.
was and is C2. The back 50' was zoned RIA residential.
" I'.
UpJ~.n__.inquiry_ of the Planning Dept. I was advised that the only way
Jycj:re this inequity was to go thru the full PlannLqg and Zoning
applicat'ion-p.J:.a.c.e..s_s...~ Thi~ did. I was denied.
i I
The Boynton Beach Code, page 1896, Sec. 3, Para. 5 G
vision to correct such zoning errors. I
---
The back 50' of my parcelcnat was zonetr"Rltrdoeq-n the
requirements and 'cannot' be used. Therefore it has been confiscated
by the city. -- ----
I respectfully request that my case be reopened by the City for
purpose of correcting this zoning,error and making the entire
el C2 and usable.
Respectfully submitted,
Enc. Survey
Sketch
Page 1896
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GL.ASS ROCK FARMS
GLENVILLE. NORTH CAROLINA 28736
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PLANNING AND ZONING DEPARTMENT MEMORANDUM
FROM:
James Cherof
City Attorney
Tambri J. Heyden ~~
Planning and Zoning Director
TC:
DATE::
November 10, 1994
SUBJECT: Lots 11 (south 50 feet) and 12 of Drierl Park
(Walter Dutch property on N. W. 7th Court)
The above-referenced lots are split by zoning (lot 12 is zoned
C-2 and lot 11 15 zoned R1A). The action taken by the City
Commission on June 16, 1992 authorized approval of the south 50
feet to be used for commercial purposes, subject to conditions.
A change to the city's official zoning map was not authorized at
time of approval. Such a change requires city Commission action.
tjh
A:WDutch
M E M 0 RAN DUM
JUNE 2, 1987
TO: WALTER DUTCH-LAND USE AMENDMENT/
REZONING FILE
FROM: JAMES J. GOLDEN, SENIOR CITY PLANNER
RE: COMMISSION MEETING OF MAY 19, 1987
On the referenced date, after conducting a
public hearing, the City Commission denied
applicant, Walter Dutch's request noting the
recommendation of the Planning and Zoning
Board.
jJ~
JAM~'GOLDEN
JJG:ro
cc Central File
MEMORANDUM
March 6, 1987
TO:
Betty S. Boroni, City Clerk
FROM:
James J. Golden, Assistant City Planner
RE:
Request for Land Use Element Amendment/Rezoning
Walter Dutch Property
Accompanying this memorandum you will find a copy of a Land Use
Element/Rezoning request submitted by Walter Dutch, property
owner. A check in the amount of $700 is enclosed to cover the
review and processing of this application. Also enclosed is a
check in the amount of $5.60 to cover the cost of postage in
connection with the mailing of the notices to the property owners.
Please advertise this request for a public hearing before the
Planning and Zoning Board at the May 12, 1987 meeting and before
the City Commission at the May 19, 1987 meeting.
~J
AMESvJ. GOLDEN
NL
flat
Attachments