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AGENDA DOCUMENTS IV-CONSENT AGENI ITEM 0.2 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meeting Dates in to City Manaller's Office Meeting Dates in to City Manuer's Office 0 December 16, 1997 December S, 1997 (noon) 0 February 17,1998 February 6, 1998 (noon) 181 January 6, 1998 December 19, 1997 (noon) 0 March 3, 1998 February 20, 1998 (noon) 0 January 20, 1998 January 9, 1998 (noon) 0 March 17, 1998 March 6, 1998 (noon) 0 February 3, 1998 January 23, 1998 (noon) 0 April 7, 1998 March 20, 1998 (noon) RECOMMENDATION: Please place the request below on the January 6,1998 City Commission meeting agenda under Consent - Ratification of Planning and Development Board Actions. The Planning and Development Board with a 6-0 vote, , ~ recommended denial of the variance to allow a reduction of the minimum side yard setback requirement from 30 feet to 10 feel The first code requirement for being granted a variance is there must be a hardship. It is the finding of staff that the applicant experiences no hardship in this situation. This conclusion is based, in part. on the following reasons: 1) the commercial setback (10 feet) is not justified as the Woolbright Road corridor is not evolving into a commercial corridor given the existence of low intensity uses such as the city park and cemetery that line the southern side of Woolbright Road; 2) the character of this southern side of Woolbright Road would be altered by the further decrease in the side setback for this mausoleum; and 3) reliefto this situation may be achieved through alternative design solutions which would comply with city regulations (see "AL TERNA TIVES" below). For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 97-586. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Mausoleum Beril Kruger Boynton Beach Mausoleum, Inc. 1611 S. Seacrest Boulevard Request for a variance to Chapter 2, - Zoning, Section 5.J.2. of the Boynton Beach Land Development Regulations to allow a reduction of the minimum side yard setback requirements from 30 feet to 10 feet. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A AL TERNA TlVES: To avoid this unjustified request, the applicant should consider alternative design solutions such as adding a second level to the existing structure. - ~&e1:f:t:~ ~ ~:s~~ Development Department Name ~~C'J ~ ~ Planning and lon' g irector \\CHIMAIN\SHRDATAIPLANNING\SHAlU!I)\WPlPR.OJECTS\80YNTON BCH MAUSOLEUM\AGENDA ITEM REQUEST 1-6-91 REV,X)OC DE" .:LOPMENT SERVICES DEPARTh,.,-~T PLANNING AND ZONING DIVISION MEMORANDUM #97- 586 STAFF REPORT PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION Meeting Date: December 9,1997 Petition: Case No. 246 File No: ZNCV 97-012 Location: 1611 S. Seacrest Boulevard Owner: City of Boynton Beach (managed by Boynton Beach Mausoleum, Inc.) Project Name: Boynton Beach Mausoleum Variance Request: Variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.J.2 to allow a reduction of the minimum side yard setback requirement from 30 feet to 10 feet. BACKGROUND The subject property, Boynton Beach Mausoleum, is located southwest of the intersection of Seacrest Boulevard and Woolbright Road, see Exhibit uAD - Location Map and Exhibit liB" - Survey. The property is zoned PU, Public Usage District. The subject site is used as a cemetery and contains a mausoleum structure. As the result of the recent addition to the mausoleum, the building was expanded up to the side setback line (30 feet). The side yard of this property is that area abutting Woolbright Road. The petitioner is proposing a further expansion oflhe northern wing of the mausoleum building that would allow construction of an additional 96 crypts, see Exhibit uC" - Site Plan. In order to accommodate this expansion, the property manager's agent filed a sign variance application with the city, see Exhibit liD" - Application. The following is a description of the zoning districts and land uses of the properties that surround the subject property: North - Residential development, zoned R 1-AA / Page 2 Memorandum No. 97- 586 Boynton Beach Mausoleum - side yard variance Case No. 246 -staff reJ?ort South - High Point West Condominium complex, zoned R-3 East - Seacrest Boulevard right-of-way and farther east is the City of Boynton Beach Utilities complex, zoned PU. West - City park, zoned REC ANALYSIS The City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.J.2 sets forth a 30 feet side setback for buildings located on properties zoned Public Usage and which abut residential districts. The south side of Woolbright Road, between Interstate 1-95 and Seacrest Boulevard, with the exception of the mausoleum structure, does not contain any other buildings. Woolbright Road is an 80 foot wide right-of-way and has been widened to its ultimate width. No further development is anticipated in this vicinity since a city park and the cemetery are the only uses along the south side of this section of Woolbright Road. The northern side of this stretch of Woolbright Road is developed and zoned residential. The city's Comprehensive Plan allows for conversion of the land use to OC (Office Commercial) and LRC (Local Retail Commercial) if parcels are consolidated for redevelopment. The above considerations are further elaborated by the applicant in Exhibit "E" - Statement of Special Conditions. The code states that zoning code variances cannot be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involVed and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special ,..., J Page 3 Memorandum No. 97- 586 Boynton Beach Mausoleum - side yard variance Case No. 246 -staff reRort privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance grahted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Unlike other development applications, the code does not require staff to make a recommendation regarding whether an applicant meets the above criteria warranting a variance to the city's ordinance. According to the tax maps the cemetery complex is comprised of six separate parcels of land. It is recommended that, if the Planning and Development Board and City Commission grant this variance, a condition be attached to the approval requiring the applicant to complete and record a unity of title document. This condition is included in Exhibit "Fit - Conditions of Approval. xc: Central File J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Soynton Bch Mausoleum\staff rep-246-bb-mausol.doc ."., ~ ~I EXHIBIT "A" 4- I I ' I I 1 I I' ,...' " I II '. -- .... - ---" ~_11 j'lT' I l' \ \ \ I I~~:I 'II III :1 IfTll rT '::=' . 1-1:'" - I I I 1 I I 1"i"rt 'I ' I I' I I; ,II I ~ I 'J . . I~' \ I it Pill It ! I II I ' I I ~ I~ -1 I I I I \ ~ U "Ll r. I II ~ -. t:. 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'\" ~ ~ ~~ IaI ':;;;. ':0.. '" "\ ar. ""~~"''(\ ~ "(~ ~ ~ ~ ~ ~ ~~ .. ~ ~ ~ "::.;. ~ s I , .. \ \ \ ~ ~ ~ ~ ~~ ~. ~ ,,'. -::. tl"l1I' ,f ,~,J1?Y/ipl. ro') ..w,IJ :>IVI /I~,:I' "J: 4;~1 ; .... flJ.p,. ~." \ ':1/"'~ ..,," -- ,1'14 "' 77~~Yel )I,?7~ .".,N (f19~;:tI.i{-:"1) ~7d(f/l; 9~/t111119 , . \ .' .--- ~ . r . ~\~ ~. \ \ ,1'14 1/"" ,,,~;{lIt' . ;JJ/ \ 'I ~ ~ ~ - I \ r1 I EXHIBIT "C" g ; ! I I ( Wc>CJLBR/6"HT R'OAEJ - ~ZIJ.~ . ~ rt>~ I .~ :~ ~;~ I ___' I UIe-iZ,,,,",,: ~iI.t'1ur:r1"~2'1""i.1 / , I I \ \ ) U~.o' ~ "f~~("r/d" C.1I'A/Ef? wr~r 1 ~. U iN'F~" ~~ -7------- \ \,w,# ~/"4!' ,,/" "~r"",,/ *;~ ~/.......4ItF ~.,...~ ..eI,,~.g ~r ",.up ~ ItA'.WM/SA'T ..Rue' ~ ~ ~ ~ ~ ~ . ~I ~ ,p/~AJTT' ~'N#.... JV"~K II 55.t:1' , ~.,r ~ ~rAl "'/~r ",. ~r ~~ AH-vr 0' 4F':;/VA//~ p""q, " PRt7PtJ#4"p. Apr !~/v''''' . AFr.l"~ ;/AIf~,;.AlL''' - ." ~ HoPo6EP ~'. ( ~ ~ "00 ""Gf-I ~ i ~~ ~ ~ ~l ~ "Ii ~~ ~ il I '" ... ~ "- " ~ ~ " ~ I ! ~ " " ~ ~ ", , ",. '( 'a , ~ , ~l ~ \t ~ " ~ I ':l. ~ ~ ~ ~ 10 ~ ~ I ~ I. (~U~~~:~ ~ ~ " ., , U~ .'1 ... ~ "r- €,.Y/.,;'"/""" .t7:'V1!"A"i.'P ~~ u.,'''~ . ~ . . .' t ~~ -.: ~/rE "P~AA/ "- A~ ,t!V/V ~p,lt1yey 1f1~ t:,/'/Sr/N~ M,l/VSdteU,(,II( AI" 4~1',(/Tt!),V 6'c"~# NeAldRh4t. ~RK. . . ,P~Ar'8tPlJ~ It!), ~tS /~~ ANP /HJ " S()y,v7",V eE'.4~~ ,&t.d,,(l/PA. . . PR='F'Ae~P ~1J4" i!fJI!JYA/rO,(/ 8€,it'# N;I~d~Ii't/M, /..v~.\ .........- l . ' " -.......,.., .~ " -~ - ,'" ~~:.~_ -.gw np.'~~~ ic,,:t _ _ I .; ,~. .~~- 9 EXHIBIT "0" ,/0 _ _ __.______.__...___.__~~.____~.__." _. "._,..._m_______ APPLICATION ACCEPTANCE DATE: FEE PAID: RECEIVED BY STAFF MEMBER: RECEJPT NUMBER: . , .~ CITY OF BOYNTON BEACH ZONING CODe VARIANCE APPUCAnON SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL OATES: Pl.... Print fin Ink) or TVD. Submittal Date: October 30, 1997 The undersigned owner(.) hereby respectfully petition(s) the Planning and Development Board to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): Property involved is described as follows: Lot(s) . Subdivision 23 1 Block 000 Plat Book 30 Page 16~ 1 66 or otherwise descnbed as foUows: Property Address ~ 1611 S. Seacrest BlvdL-Bovnton Beach. FL 33435 Variance requested.J 5' side setback. 25' reauired - 10' reauested. The following documents are required to be submitted with this application to form a single package. Incomplete package will not be accepted: 1. Two sealed surv.va by a registered surveyor in the State of Aorida, not over six (6) months old. indicating: A. All property linea B. North arrow C. Exiatidg structu.... and paving O. ExistIng eIevatIona E. RIghts-of-way, with elevations F. Easements on or adjacent to the site G. Utilities on or adjacent to the site H. Legal Description I. Number of acres to.the nearest one-hundredth (1/100) of an acre J. Location sketch of property K. Surveyor's Certificate 2. Two site DI.na property dimensioned and to scale showing: I( Page 2 Zoning Code Variance Application A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular from the property lines to th closest vertical wall of structures D. Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-of-way lines for all streets and alleYl sidewalks, tum lanes and driveways F. Elevations of the lowest finished floor of all structures on the site 3. Certified list of names and post office addresses of property owners and legal descriptions I their property within 400 feet of subject property, as recorded in the County Courthouse. Sue list shall be accompanied by an Affidavit (see attached) stating that to the best of tt applicant's knowledge, said list is complete and accurate. 4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreemer If an agent is submittinG the Detition. a notarized CODV of a letter designating him ~ such must accomDanv the Detition. 5. Statement of special conditions, hardships or reasons justifying the requested exception I variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please orint ' woe ): A. That special conditions and circumstances exist which are peculiar to the land, structu or building involved and which are not applicable to other lands, structures or build in! in the same zoning district; B. That the special conditions and circumstances do not result from the actions of tt applicant; C. That granting the variance requested will not confer on the applicant any spec' privilege that is denied by this Ordinance to other lands, buildings or structures in tl same zoning district; D. That literal interpretation of the provisions of this chapter would deprive the applicant rights commonly enjoyed by other properties in the same zoning district under the ten of the Ordinance and would work unnecessary and undue hardship on the applicant; E. That the variance granted is the minimum variance that will make possible t reasonable use of the land, building or structure; F. That the granting of the variance will be in harmony with the general intent and purpo of this chapter and .that such variance will not be injurious to the area involved otherwise detrimental to the public welfare. 6. An application fee in the amount of $400.00, payable to the City of Boynton Beach, m accompany a completed application. The $400.00 application fee covers a request to v; one (1) section of the Code. Seeking relief from more than one section of the Code' require payment of $100.00 for each additional Code sectbn. /~ Page 3 Zoning Code Variance Application Boynton Beach Mausoleum, Inc. 7. Name and address of owner...e..a..orawAr 40, Bnr.aBaton. ~2 8. Name of applicant....B.m:iU<ruoer Planning & Zonina Consultants AppUcanfs address: Applicants phone #: Date:October 30, 1997 Signature of Applicant TO BE COMPLETED BY THE BUILDING 0Ff1C1AL OR REPRESENTATIVE 1. Property Is presently zoned: formerly zoned: : 2. Property Control Number.~6-23-000-001J) 3. Denial was made upon existing zoning or sign requirements (ftst section(l) of Code from whic'" relief is required): 4. Nature of exception or variance required: Date: Permit denied - BuDding Department 5. Case Number: Meeting 0.: /3 EXHIBIT "E" '+ / ' ..-.-- -.----"--~--"_.".-._~--_.- '".- --.-. --_.._--~--_.- CITY OF BOYNTON BEACH 6 REASONS JUSTIFYING SIDE SETBACK VARIANCE for THE BOYNTON BEACH MAUSOLEUM 5. Statement of special conditions, hardships, or rea.sons justlfyl.ng the requested exception or variance. Respond to the. six fSt questions below fA-F) on a separate sheet 'Ple.se print or tvpel: A. That specl.1 conditions .nd clrcumst.nce. exist which are pecull.r to the land, .tructure or building Involved and which are not applicable to other I.nd., .tructure. or bUilding. in the same zoning dl.trlct: Special conditions and circumstances exist on this lot because the lot fronts on Seacrest Boulevard and the side setback is on Woolbright Road. The Comprehensive Plan designation for this area is Commercial. Because of two residential lots (which have a Land Use designation of Commercial), the side setb.ck is 26' feet instead of 10' feet if those two lots were zoned Commercial. Woolbright Road, a very busy access to 1-95, is a major east-west thoroughfare which would not support residential zoning much less residential land use. The residential properties across from the Mausoleum to the north are left over from a time prior to the construction of the interstate when this was a residential area. B. That the specl.1 conditions and clrcumstences do not result from the actions of the applicant: The special conditions and circumstances do not result from the actions of the applicant. The expansion of the Mausoleum to within 10 feet of Woolbright Road is allowable in an area zoned Commercial. The evolution of this area to full Commercial is almost complete with the exception of the 2 homes across from the Mausoleum. With a Future land Use designation of Commercial in place for this area, these lots will become commercial property in the future. c. That gr.nting the v.rlance reque.ted will not confer on the applicant .ny specl.1 privilege that Is denied by thl. ordln.nce to other I.nds, building. or structures In the ..me zoning district: Granting this variance will not confer on the applic.nt any special privilege that is denied by this ordinance to other lands in the same zoning district. Variances would be granted to other properties with similar situations in the same zoning district. When areas are evolving from residential character to commercial charecter, there is a time frame in which confllcte occur between what was allowed In the past and what will be allowed in the future. This is such a case. The character of the area is commercial now, but the zoning designation does not fully reflect this hlct. The variance that is being requested at this time is in compliance with the commercial district which i. evolving on Woolbright Road. D. Th.t IIter.1 Interpret.tlon of the provision. of thl. chapter would deprive the applicant of rights commonly enjoyed by other propertle. In the s.me zoning district under the terms of the Ordinance .nd would work unn.c....ry and undue h.rdship on the applicant: Uteral interpretation of the provIsions of this chapter of the code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the same terms of the Ordinance and would work unnecessary and undue hardship on the applicant. In similar zoning districts (Commercial), the side setback is 10' feet and not /~ ~ Bc.rON BEACH MAUSOLEUM VARIAN"- October 2B. 1997 Page 2 25' feet as is required in this situation. Due to the changed character of the area and Woolbright Road becoming a major east-west thoroughfare. a 10' foot side setback in a Commercial ~oning District would be the normal side setback. The 1 5 additional feet that this variance is requesting will allow an additional 96 crypts in the Mausoleum. This represents a gain of revenue to the City of Boynton Beach which it uses for the upkeep and perpetual care of the cemetery. The City receives proceeds from each crypt to offset expenses incurred to maintain the Boynton Beach Cemetery. E. That the variance granted Is the minimum variance that will make possible the reasonable use of the land. building or structure; This variance to be granted is the minimum variance that will make possible the ability to fully expand the Mausoleum and use the property to its fullest potential. It also allows the setback to be as it is any other commercial area along a busy thoroughfare. F. That the 9rentlng of the var.lance will be In harmony with the generel Intent and purpose of this chapter and that such variance will not be Injurious to the area Involved or otherwise detrimental to the public welfare. Granting the variance will be in harmony with the general intent and purpose of this chapter and granting the variance will not be injurious to the area involved or detrimental to the public welfare. The area is commercial in nature. The Mausoleum will be setback 10' feet from Woolbright Road which is a very busy east-west 1 20' foot wide thoroughfare. Woolbright Road separates the Mausoleum from commercial properties on the north side of the street. The 1 O' foot setback is customary in this situation in any commercial area. The expansion does not affect the High Point Condominium community to the south because the expansion is on the north side only; therefore, granting the setback variance would not be injurious to any residential developments in this area. The property to the west contains the Boynton Beach Little league fields. to the east is the cemetery, and the only residential properties in this area are to the south and north of the commercial properties on the north side of Woolbright Road. ,/& EXHIBIT "F" /1 DEVELOPMENT ORDER :ITY OF BOYNTON BEACH, FL( )A PROJECT NAME: Boynton Beach Mausoleum, Inc. APPLICANT: Boynton Beach Mausoleum APPLICANT'S AGENT: Beril Kruger APPLICANT'S ADDRESS: 9 N.E. 16th Street, Delray Beach, Florida 33444 DATE OF HEARING BEFORE CITY COMMISSION: January 6, 1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (side setback requirements) LOCATION OF PROPERTY: 1611 S. Seacrest Boulfi!vard DRAWlNG(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS -1L- HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the pUblic and supported by substantial competent evidence are as set forth on Exhibit "B" with notation "Included". 4. The Applicant's application for relief is hereby, _ GRANTED subject to the conditions referenced in paragraph 3 hereof. -1L- DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: City Clerk J:\SHRDATA\Ptenning\SHAREO\WP\PROJECTS\8oynlon IIMch ~\DEVELOPMENT OROER.cIoc ~.L#.I..l.l."'l'l"'L.LI'-'.l.l I. ",",VITll'f'U.:J..:JII.Vl' ""'\Jl'.....,l.l..I.'-'.l.....:J 3. To be determined. !bme J:ISHRDATAIPLANNINGlSlfARED\WP\PROJECTS\BOYNTON BCH MAUSOLEUM\COND. OF APPROVALOOCa:\projects\cond of appr\ EXHIBIT liB" Conditions of Aooroval Project name: Boynton Beach Mausoleum File number: ZNCV 97-012, Case No. 246 (setback requirements) Reference: Apolication with a October 30. 1997 date. File # ZNCV 97-012. Case No. 246. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: 1. It is recommended that the applicant complete and record a unity of title X document to combine all parcels within the cemetery compl.x. ADDITIONAL PLANNING AND DI;:VELOPMENT BOARD CONDITIONS 2. DENIED VARIANCE. X ADDITIONAL CITY COMMISSION CONDITIONS 3. To be determined. Ibme J:\SHRDATAIPLANNING\SjiARED\WP\PROJECTS\BOYNTON BCH MAUSOLEUM\COND. OF APPROVAL.DOCa:\pI'ojecls\cond of appr\ MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1997 would be much more legible. Also, the lines of the lettering coincide with the lines of the building and this has a great deal to do with the legibility of the sign. He suggested that by staying away from the horizontal lines of the building by two or three inches, the sign will be better pronounced and better read. Mr. Caraccio agreed with Mr. Kastarlak; however, he stated that the drawing is somewhat deceiving. It is a sign band and, therefore, does not present horizontal lines. Also, he pointed out that the purpose of the lettering with dimension is not just for aesthetic purposes. It is also for the purpose of being able to illuminate it at night and being able to conceal the neon. Motion Mr. Rosenstock moved to deny the request of Canterbury Realty for a variance to Chapter 21 - Signs, Article IV, Section 2.C of the Boynton Beach Land Development Regulations to allow an increase in the allowable square footage of a wall sign from 150 square feet to 187 square feet. Mr. Aguila seconded the motion, which carried 6-0. Boynton Beach Mausoleum Beril Kruger Boynton Beach Mausoleum, Inc. 1611 S. Seacrest Blvd. Request for a variance to Chapter 2 - Zoning, Section 5.J.2 of the Boynton Beach Land Development Regulations to allow a reduction of the minimum side yard setback requirements from 30 feet to 10 feet. Chairman Wische opened the Public Hearing. 2. Project: Agent: Owner: Location: Description: Harvey Oyer resides at 227 S.W. 15th Avenue, directly opposite the proposed extension of the mausoleum. He felt the City should abide by its rules and regulations. He opposed this request because he did not think there is a hardship, because there are a lot of accidents in this area and it would block the view of the people coming out of Highpoint and the ballpark. Mike Agnello, 208 Bermuda Lane, Palm Beach, owns rental property next to Harvey Oyer's property, in addition to several other properties on Woolbright Road, including Woolbright Plaza. He concurred with Mr. Oyer's comments and did not find any merit for granting this variance. In addition, he did not think this would be aesthetically pleasing. Beril Kruger was sworn in by Attorney Pawelczyk. Mr. Kruger stated that the only visibility that would be blocked is to the east. In addition, although the land use on the property across the street is residential, the underlying land use is commercial. Therefore, any development that will be done in the future on those properties will be done as commercial. With regard to further redevelopment in this area, nobody is going to be building on the ball fields and nobody else is going to be building on the cemetery. Therefore, there will not be any more development on 8 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA DECEMBER 9, 1997 the south side of Woolbright Road from Seacrest Boulevard to 1-95. It is built out, except for the mausoleum. There will be trees planted along the east portion of the property. The main access to the mausoleum and the cemetery is from Seacrest Boulevard. Any commercial development along Woolbright Road on a side access or a side property line is permitted to build 10 feet from Woolbright Road as long as access is on another side street. The access is on Seacrest Boulevard; therefore, this is a side setback. He pointed out that the City is not asking for this variance. The City owns the property and has a contract with the developer for the mausoleum. Mr. Aguila felt the proposed addition is too close to pedestrian and vehicular traffic. Mr. Rosenstock agreed with Mr. Aguila and pointed out that we just had a joint workshop where we discussed beautification, setbacks, and greenery within the City. Mr. Reed did not think that this meets the requirements for a variance. Mr. Aguila felt the owner has a lot of other reasonable use of the entire cemetery property. He did not think the board would be preventing the owner from reasonable use of his land by not allowing this 20-foot addition. Mr. Kruger stated that this piece of property is long and narrow. The owner does not own the entire cemetery. The City does. He read the six reasons justifying this variance. (This information was provided in the backup material with the agenda.) He stated that in most commercial areas, a variance would not be needed because a 10-foot side setback is permitted in a commercial zoning district. He pointed out that there is access to Seacrest Boulevard, there is a side setback on Woolbright Road, and there will be landscaping placed between the side of the mausoleum and Woolbright Road. The building will not block the view of people coming out of that road onto Woolbright Road. Traffic coming from the west would be visible to any traffic coming out of the side road. The only reason a variance is needed is because there are still two residential properties with an underlying land use of commercial. Mr. Aguila pointed out that according to the Public Usage District, which this is zoned, a side setback must be 15 feet if it does not abut residential. Motion Mr. Rosenstock moved to deny the request by the Boynton Beach Mausoleum, Inc. for a variance to Chapter 2 - Zoning, Section 5.J.2 of the Boynton Beach Land Development Regulations to allow a reduction of the minimum side yard setback requirements from 30 feet to 10 feet. Mr. Dube seconded the motion. Mr. Aguila clarified that if this did not abut a residential district, the best the owner could legally do is 15 feet. Therefore, his request for 10 feet is above and beyond what everybody else enjoys. The motion carried 6-0. 9 MEETING MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA 9. COMMENTS BY MEMBERS None. 10. ADJOURNMENT DECEMBER 9,1997 There being no further business to come before the board, the meeting was adjourned at 8:28 p.m. ~/ /' . ",;:/" / Eve Eubanks Recording Secretary (Two Tapes) 10 CITY OF BOYNTON BEACH PLANNING & DEVELOPMENT BOARD MEETING AGENDA DATE: TUESOAY, OECEMBER 9,1997 TIME: 7:00 P.M. PLACE: Commission Chambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1. Pledge of Allegiance. 2. Introduction of Mayor, Commissioners and Board Members. 3. Election of Vice Chairperson 4. Agenda Approval. A. Election of Vice Chairman to the Planning and Development Board. 5. Approval of Minutes. 6. Communications and Announcements. A. Report from the Planning and Zoning Department 1) Final disposition of the November 12, 1997 Planning and Development Board meeting agenda items. 7. Old Business: None 8. New Business: A. PUBLIC HEARING Zoning Code Variance 1. PROJECT: Merrill Lynch Page 2 Planning and Development Board Meeting Agenda, December 9, 1997 AGENT: OWNER: LOCATION: DESCRIPTION: 2. PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: B. OTHER Electromedia, Inc. Canterbury Realty 1301 N. Congress Avenue Request for a variance to Chapter 21 - Signs, Article IV, Section 2.C of the Boynton Beach Land Development Regulations to allow an increase in the allowable square footage of a wall sign from 150 square feet to 187 square feet. Boynton Beach Mausoleum Beril Kruger Boynton Beach Mausoleum, Inc. 1611 S. Seacrest Boulevard Request for a variance to Chapter 2, - Zoning, Section 5.J.2. of the Boynton Beach Land Development Regulations to allow a reduction of the minimum side yard setback requirements from 30 feet to 10 feet. Code Review - LDR Text Amendment 1. PROJECT: AGENT: DESCRIPTION: 9. Comments by members 10. . Adjournment Roof Signs - Chapter 21 Joe Lelonek Request to amend Chapter 21 - Signs of the Land Development Regulations to exclude from the definition of roof signs and roof top signs, signs placed on parapet walls. Page 3 Planning and Development Board Meeting Agenda, December 9, 1997 NOTICE ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S.286.0105) THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTEllO, (561) 375-6013 AT lEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST. xc: Central File J:\SHRDA T A\PLANNING\SHARED\WP\AGENDAS\P&D\ 12-9-97. DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. 97- 530 FROM: Sue Kruse City Clerk Tambri J. Heyden, AICP .~ Planning and Zoning Director TO: DATE: November 4, 1997 SUBJECT: Boynton Beach Mausoleum Case No.246 File No. ZNCV 97-012 (Zoning Code Variance - side setback) Accompanying this memorandum you will find one (1) copy of the application and related documentation for the above-referenced case. A check in the amount of $400.00 to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for same has been prepared for the December 9, 1997 Planning and Development Board and will be forwarded to your office after review by the City Attorney. T JH:bme Attachments s:\projects\Boynton Beach Mausoleum\LGL-CASE 246 3. Award Bid #02D-211-98/CJO "Leasing of Five New and Used Vehicles" to Mears Motor Livery Corporation, of Orlando, Florida, in the amount of $2,400 per month for a total yearly cost $28,800 4. A\JYard Co-Op Anhydrous Ammonia Bid #011-401-98/SP to Tanner Industries, Inc., of Philadelphia, Pennsylvania, in the amount of $5,520 5. Award bid for Cleaning, Sand blasting and Painting of a Steel and Concrete Potable Water Clarification Basin (Infilco Accelator) - Bid #013- 401-98-SP to INCLAN PAINTING CORP., of Miami, Florida, in the amount of $34,900. C. Resolutions: 1. Proposed Resolution No. R98- Re: Authorizing the Mayor to execute an agreement with Big Beat Productions, Inc., in the amount of $4,050 for the Winter/Spring "Tunes in Town" concert series ($3,250) and Black Awareness Day ($800) 2. Proposed Resolution No. R98- Re: Authorizing the Mayor to execute an agreement with the non-profit organization, Boynton Beach Kiwanis Club, to sell popcorn, soda beverage and bottled water at the 1998 Boynton Beach G.A.L.A. on March 20,21, and 22,1998 3. Proposed Resolution No. R98- Re: Authorizing the Mayor to execute an agreement with Morgan Entertainment, Inc., to provide a variety of music entertainment for public recreation and enjoyment during the 1998 G.A.L.A. festival to be held on March 20, 21, and 22, 1998 4. Proposed Resolution No. R98- Re: Authorizing the Mayor to execute an agreement between the City of Boynton Beach and Derrick Reid of Music for All Occasions, to provide D.J. services at Black Awareness Day 5. Proposed Resolution No. R98- Re: Supporting the League of Cities, Inc.'s Constitution Revision Resolution Florida O. Ratification of Planning & Development Board Action: 1. Request by Canterbury Realty for a variance from the LORs, Chapter 21 - Signs, Article IV, Section 1.C to allow an increase in the allowable square footage of a wall sign from 150 square feet to 187 square feet at 1301 North Congress Avenue (Merrill Lynch) - 2. Boynton Beach Mausoleum, Inc. requeSt for a variance to Chapter 2 - Zoning, Section 5.J.2 of the LORs to allow a reduction of the minimum side yard setback requirements from 30 feet to 10 feet 3. Boynton Beach Development Corporation request to amend Chapter 21 - Signs of the Land Development Regulations, to exclude from the definition of roof signs and roof top signs, signs placed on parapet walls. E. Approval of Bills tilt 3 F. Approve Task Order #33A submitted by CH2M Hill III the amount of $30,671 for the preparation of detailed site improvement construction drawings for Phase One of the East Water Treatment Plant expansion project. G. Approve the reconstruction/repair work for the fire property loss at Pioneer Park be perfoR11ed by ERS, of Pompano Beach, Florida, in the amount of $27,698. H. Approve annual purchase order with Enviroguard Systems, Inc., for landscape maintenance on 1-95 right of-way at the Boynton Beach Boulevard Interchange 'at a total cost of $16,000 through the end of this fiscal year I. Approve Change Order #18 for John C. Cassidy Air Conditioning for additional work on the first floor of the West Wing in the amount of $46,975 J. Approve Public Works' request to purchase 27 vehicles that include seven (7) Crown Victorias, one (1) S-10 Blazer, three (3) four-door wagons, five (5) mid- size four-door sedans, four (4) Chevrolet ~ ton pickup trucks, four (4) GM one- ton pickup trucks, one (1) Ford E150 cargo van, one (1) 1998 Chevrolet extended cargo van, and one (1) GM one-ton HD Chassis Cab. All vehicles, including options, will be purchased from State Contract #070-001-96-1 at a total cost of $483,047 K. Approve proposal from Wynn & Son Environmental Construction, Inc., for the pathway resurfacing at Boynton Beach Memorial Park (Cemetery) for a total cost of $42,365 (piggybacking Palm Beach County Bid #98054) L. Expand Pilot Program for Garbage Carts into an additional neighborhood - Golfview Harbour V. CITY MANAGER'S REPORT: None VI. PUBLIC AUDIENCE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS A. Project Agent Owner: Location: Description: Foster Property (ANNX 97-001 and LUAE 97-003) Julian Bryan and Associates Roland E. and Leila M. Foster .- North side of Miner Road, one-half mile west of Congress Avenue Request for annexation, the amendment of the Future Land Use Map of the Comprehensive Plan from MR-5 in Palm Beach County to Low Density Residential, and to rezone the property from Agricultural Residential (AR) in Palm Beach County to Planned Unit Development with a land use intensity of 4.0 (PUD with LUI=4.0) to allow for 98 zero lot line, single-family homes 4