REVIEW COMMENTS
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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
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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
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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
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