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REVIEW COMMENTS 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