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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned MeetinJ~ Dates in to City Manll2er's Office Meeting Dates in to City Manager's Office 0 August 19, 1997 August 8,1997 (noon) 0 October 21, 1997 October 10, 1997 (noon) l2J September 2, 1997 August 22, 1997 (noon) 0 November 4, 1997 October 24, 1997 (noon) 0 September 16, 1997 September 5, 1997 (noon) 0 November 18, 1997 November 7, 1997 (noon) 0 October 7, 1997 September 26, 1997 (noon) 0 December 2, 1997 November 21, 1997 (noon) RECOMMENDATION: Please place the request below on the September 2, 1997 City Commission meeting under Consent. At the August 19, 1997 Commission meeting, the applicant requested postponement of the Commission's ratification of the Planning and Development Board's denial of this zoning code variance for a height increase from 25 to 35 feet. The applicant called staff today and is ready for this to go forward and is willing to lower the building height to 30 feet (a letter to this effect is forthcoming), As a point of information, this is in line with the range the Visions 20/20 consultant is looking at as part of his contract tasks to review the city's land development regulations. EXPLANATION: PROJECT: OWNER: LOCATION: DESCRIPTION: Lee Manor Isles subdivision (Lot 10) Shafiqul Islam Lee Manor Isles subdivision, Lot 10 (S.E. 13th A venue, aka Riviera Drive) Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.C.2. to allow an increase in the height of a proposed single family home to 35 feet from the maximum 25 feet allowed. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature City Manager's Signature Development Services Department Name ~~d:;;~~ J:\SHRDA T A \Planning\SHARED\ WP\PROJECTS\ISLAM\Agenda Item Request 9-2,doc EXHIBIT "F" Conditions of Aooroval Project name: Shafiqul Islam File number: ZNCV 97-003 (building height), Case No. 237 Reference: Anolication and exhibits with a June 17 1997 PlanninliZ and ZoninliZ Deoartment date staron markinliZ. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NI A UTILITIES Comments: N/ A FIRE Comments: N/A POLICE Comments: N/A ENGINEERING DIVISION Comments: N/A BUILDING DIVISION Comments: N/ A PARKS AND RECREATION Comments: N/ A FORESTERlENVIRONMENTALIST Comments: NI A PLANNING AND ZONING Comments: Nt A ADDITIONAL PLANNING AND DEVELOPrvtENT BOARD CONDITIONS 1. DENIED. ADDITIONAL CITY COMMISSION CONDmONS 2. To be determined. !bme S:lprojects\cOnd of appr\ -~EVELOPMENT ORDER CITY _F BOYNTON BEACH, FLORIDA PROJECT NAME: Shafiqullslam APPLICANT: Shafiqullslam APPLICANTS AGENT: APPLICANTS ADDRESS: 2111 N.E. 31d Street, Boynton Beach, FL 33435 DATE OF HEARING BEFORE CITY COMMISSION: August 19, 1997 TYPE OF RELIEF SOUGHT: Zoning Code Variance (building height) LOCATION OF PROPERTY: Lot 10, Lee Manor Isles subdivision DRAWlNG(S}: SEE EXHIBIT "A" ATTACHED HERETO. THIS MA ITER 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 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. 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:\SHRDA TA\Planning\SHARED\WP\PROJECTS\lSLAM\ZNCV\DEVELOPMENT ORDER.doc IS MINUTES elTY eOMMISSION MEETING BOYNTON BEAeH, FLORIDA JULY15,1997 None e. Resolutions 1. Proposed Resolution No. R97 -108 Re: Authorize execution of Maintenance Memorandum of Agreement for SR 804 between the State of Florida Department of Transportation and the City of Boynton Beach for landscape, irrigation and paver brick improvements on Ocean Avenue from the Intracoastal to Federal Highway in conjunction with the Ocean Avenue Bridge Project 2. Proposed Resolution No. R97-109 Re: Authorize execution of agreement between The School District of Palm Beach County and the City of Boynton Beach to allow E.M.T. students from the School District to ride with rescue companies from the City of Boynton Beach 3. Proposed Resolution No. R97-110 Re: Change legislation to repeal the preemption language in the Florida Clean Indoor Air Act and return to local government the right to enact and enforce tobacco-related ordinances 4. Proposed Resolution No. R91-111 Re: Reduction of Surety for Nautical Sound Plat Two to G.L. Homes of Boynton Beach II Corporation conditioned upon submission to the City of a replacement Letter of Credit 5. Proposed Resolution No. R97-112 Re: Approving job description for Assistant Director of Public Works 6. Proposed Resolution No. R97 -113 Re: Confirming appointment of Larry Quinn as Assistant Director of Public Works and authorizing City Manager to execute an appointment contract 7. Proposed Resolution No. R97-114 Re: Authorize execution of an interlocal agreement between the City of Boynton Beach and Palm Beach County, providing for fire mutual assistance/automatic aid 8. Proposed Resolution No. R97 -115 Re: Approve addendum to contract with James Duncan and Associates to substitute L. B. Limited & Associates, Inc. in place of Paradigm Shift on the project team 9. Proposed Resolution No. R97-116 Re: Authorize execution of a tri- party wall construction agreement between the City of Boynton Beach and Bill R. Winchester, Elsie A. Winchester and M. Frank Finrock, co- trustees of the Knuth Road Trust dated as of November 15, 1996 (Winchester) and Schroeder & Larch, P. A. 5 MINUTES elTY eOMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 D. Approval of Bills A list of these bills is attached to the original set of these minutes on file in the City Clerk's Office. E. Payment of Bills - June, 1997 A copy of these bills is attached to the original set of these minutes on file in the City Clerk's Office. F. Approve purchase of 42 youth football helmets and miscellaneous equipment from Pridewear, Inc., in the amount of $7,990.90 for P.A.L. Youth Football G. Approve Task Order 28A, eH2M Hill, in the amount of $25,330 for the rehabilitation of Lift Stations 309 and 356 H. Approve request from Pete Rose Ballpark Cafe to host a Classic Car & Truck Show on Sunday, July 27, 1997 I. Approve purchase of three (3) new MTS2000 Smartnet I Portable Radios, and ten (10) replacement speaker microphones from Motorola Communications in the amount of $7,624.50 J. Authorize the closing of a Clerk I position in the City Manager's OffiGe--and opening a Clerk III position This item was deleted from the Consent Agenda by City Manager Willis. K. Project: High Ridge Commerce Park PIC Agent: J. Richard Harris, Esq. Owner:Condor Investments of Palm Beach County, Inc. Location: 1) Southern most 25' of the High Ridge Commerce Park PID-, located at the northeast corner of High Ridge Road and unimproved Miner Road 2) Southern most 25' of the High Ridge Commerce Park PID, located at the northeast corner of High Ridge Road and unimproved Miner Road Description: 1) A8ANDONMiNT Request to abandon a 25' wide buffer easement along the south side of the High Ridge Commerce Park P-ID 2) A8ANDONMENT Request to abandon a 10' 'Nide buffer easement along the south side of the high Ridge Commerce Park P-ID This item was deleted from the agenda by City Manager Willis and replaced with the following: 6 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 K. Special Event Approval for Outdoor Event at First Methodist Church Motion Vice Mayor Titcomb moved to approve the Consent Agenda in its entirety. Commissioner Jaskiewicz seconded the motion which carried unanimously. V. elTY MANAGER'S REPORT 1. Zero-Tolerance Policy City Manager Willis reminded the Commissioners that one of the City's Quick Victory projects will be at the medians at NW 17th. In an effort to preserve the lighting, irrigation, and planting that will be done at this location, a zero-tolerance policy will be adopted. Chief Gage advised that there have been numerous discussions about the medians on NW 17th. Chief Gage and Charles Frederick have discussed issues of concern relative to Hester Center and the public right-of-way to the south of that site. The situation at Hester Center is not considered to be out of control. However, the goal is to eliminate any problem in the area. Discussion about surveillance at Hester Park included the use of an alarm system, better security at night, a video system, and a zero-tolerance policy toward any violations in that area. There was vandalism this past week at the NW 17th Avenue site. That vandalism was corrected by the end of the day. All violators will be prosecuted. The problem of graffiti will be addressed through the parents of the violators. We will use their homeowners' insurance to cover the City's costs for repairs and prosecution. If there is no insurance, the attorney will go to civil court to cover those costs. We will also ask the State Attorney's Office to issue restraining orders on anyone who is arrested within the confines of Hester Park. If a criminal violation occurs on NW 17th Avenue by someone who is not a local resident of the area, we will ask the court for a restraining order to keep that person off that block. Vice Mayor Titcomb questioned whether it would be possible to post Hester Park with "drug free zone" signs. Chief Gage advised that under the Statute, the Center does not qualify for those signs. They are reserved for school zones. Mayor Taylor suggested that flyers be made up containing a summary of the information that was presented this evening so that they will stress the City's firm intent to prosecute. He would like the flyer available at Hester Center, and any other location staff determines to be a good distribution point. Mayor Taylor thoroughly believes in the direction being taken. The homeowners want to better their neighborhoods, and they have asked the City for support. Mayor Taylor will support the Police in the prosecution of any violators. Our intention is to make Boynton Beach a showplace, and we will stop anyone who tries to get in the way of this effort. The City is very serious about this program. 7 MINUTES CITY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15,1997 2. Neighborhood Assistance Program Agreement City Manager Willis advised that the NW 17th project is ready to move forward; however, in the Neighborhood Assistance Program Agreement there is an indemnification provision which is of concern with respect to neighborhoods that are not incorporated. Hank Ackermann, Neighborhood Project Specialist, advised that this agreement is not unusual. Almost every city in the State and throughout the country with these programs has similar agreements. The concern that has been raised deals with whether or not an association that is not a nonprofit State recognized incorporated State association has indemnification for things that may go wrong. The problem paragraph is Paragraph 11. St. Petersburg has a similar indemnification clause and has determined that if a neighborhood association does not want to sign the agreement, there will be no partnership. Attorney Cherof said the provision is the most benign form of indemnification we would devise, but in the event of damages, the City will have some recourse. Mayor Taylor agreed that this is a clause the City must have since we cannot open the City to liability. This clause serves as protection for the City. City Manager Willis said the project will proceed as soon as the agreement is signed. This project involves $25,000 in grant monies to the neighborhood association. B. Presentations 1. Presentation to the Mayor by Anne Dichell, Division Director of Palm Beach/Martin eounty Division of the South Florida March of Dimes, for the MAReH OF DIMES WALK-A-THON Anne Dichell thanked the Commissioners for inviting her to this meeting and stated that it was a privilege and honor for her to present the City with a plaque and trophy that honors the City of Boynton Beach as the top municipal team in the March of Dimes Walk-A- Thon. The City raised more than $4,000. Mayor Taylor accepted the plaque and trophy and thanked everyone who participated. He hopes to get more people involved in next year's Walk-A- Thon. Commissioner Jaskiewicz reported that the City of Boynton Beach raised the most money in Palm Beach County for Jail 'n Bail. VI. PUBLIC AUDIENCE: None VII. PUBLIC HEARING: 8 MINUTES elTY COMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15, 1997 ,,/ A. Project: 142 NE 6th Avenue Owner:Tommie L. Green Location: 142 NE 6th Avenue Description: ZONING eODE VARIANeE - Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 11.1.C.1.b - Nonconforming Lots, to allow construction of a single-family home on a nonconforming lot having a lot area of 4,800 square feet (rather than the minimum of 5,000) in the R-2 (single and two-family) zoning district Mayor Taylor advised that the Planning & Development Board unanimously recommended approval of this Zoning Code Variance. Motion Vice Mayor Titcomb moved to approve the Zoning Code Variance for 142 NE 6th Avenue subject to staff comments. Commissioner Jaskiewicz seconded the motion which carried unanimously. VIII. BIDS: None IX. DEVELOPMENT PLANS: None X. NEW BUSINESS A. Consider proposal submitted by Boynton Transit Advertising eompany to place advertising on street furniture throughout the City Paul Smith. Boynton Transit Advertising eompany. said he submitted a proposal to provide bus benches and shelters and add furniture such as bike racks. These items will be provided without cost or operational responsibility to the City of Boynton Beach. The Boynton Transit Advertising Company is a public service enterprise which will operate with revenue generated by the advertising. The City will benefit by receiving a percentage of the gross sales, maintaining control over the sites, numbers of units, advertising content, design and materials and products. The City will also be able to utilize space for civic and promotional program at no charge. Mr. Smith will also provide standard park benches at locations designated by the City Manager. This proposal will offer a medium for marketing products, thereby benefiting local business. Mr. Smith is working with Kathy Shabotynskyj of the Chamber of Commerce to provide Chamber members with benefits. In Mr. Smith's opinion, this is a true community program that will benefit everyone. 9 MINUTES CITY eOMMISSION MEETING BOYNTON BEACH, FLORIDA JULY 15,1997 Mr. Smith met with staff to consider aesthetics. He proposes shelters with standing seam roofs with black framing and paint in either blue or teal for the roof. This will identify the project as a City program. Benches will be manufactured using high-quality plastic lumber with framing made of aluminum and plastic or Plexiglas. The original proposal was modified to reflect changes requested by the City including the construction items mentioned, an agreement of 10 years and the additional furniture. Mr. Smith reminded the Commissioners of the City's existing shelter contract with Flutie. That agreement is three years old and it called for payments to the City. No payments have been made to the City to date. Mr. Smith requested that the City terminate its contract with Flutie, and he would like to take over the existing shelters to make them revenue generating. The original program from Flutie was to supply up to 50 shelters. The company sold its assets and the program stalled. Mr. Smith would like to pick up this program and expand it. Mayor Taylor reported that Flutie also had a contract with the County. However, the County has not had any contact with the company. The County believes their contract with FJutie has expired. Mr. Smith advised that the County has its own shelters since Flutie is now out of the shelter business. Attorney Cherof is of the opinion that the City's commitment to Flutie has expired. He will investigate this further. Mr. Smith confirmed for Mayor Taylor that in order to secure permits for the shelters, he must meet the ADA requirements and all other requirements of the City, County, and possibly the State. Each agency is involved in the permitting process. Mayor Taylor reminded Mr. Smith of the need to coordinate this program with Palm Tran. Mr. Smith advised that he has spoken with Irving Cure, who supports this program. Palm Tran has no jurisdiction within the City, but Mr. Cure expressed willingness to work with Mr. Smith. City Manager Willis confirmed that the blue and teal colors were selected to match the bridge desig n. Mayor Taylor spoke highly of Mr. Smith. He supports this project and is excited about the fact that it will be a revenue generator for the City. While speaking with Commissioner Bradley, Mr. Smith agreed to allow the City seal to be attached to the benches and shelters. Mr. Smith recommended that the City terminate its contract with Flutie, and he will enter into negotiations with whoever controls the assets of the bus shelters to either take them over or replace them. 10 bDEVELvt'MENT SERVICES DEPARTMENl PLANNING AND ZONING DIVISION MEMORANDUM #97-402 Staff Report Planning and Development Board and City Commission Meeting Date: August 12, 1997 Petition: Case No. 237 File No: ZNCV 97-003 (building height) Location: Lot 10, Lee Manor Isles subdivision Owner: Shafiqul Islam Project Name: Lee Manor Isles subdivision, Lot 10 - zoning code variance Variance Request: Request for variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.C.2 - Building and site regulations to allow an increase in the height of a proposed single family home to 35 feet from the maximum of 25 feet allowed. BACKGROUND The subject property is an undeveloped lot (lot 10), located within the Lee Manor Isles subdivision. It is a pie-shaped lot located on a cul-de-sac at the end of S.E. 13th Avenue, also known as Riviera Drive. The applicant is intending to erect a single family home on the lot. This is the only vacant lot on the street. The submitted elevation sketch of the front of the house shows the highest point of the structure to be 35 feet in height (see Exhibit "A" - Location Map, Exhibit liB" - Survey and Exhibit "C" - Site Plan and Front Elevation). The zoning designation of the subject parcel is R 1-AA (single-family residential). The following is a description of the zoning districts and land uses of the properties that surround the subject request: North - single family residence, zoned R1-AA South - single family residence, zoned R 1-AA / Page 2 Memorandum No. 97-402 Shafiqullslam Case No. 237 Staff Report - Planning and Development Board East - Intracoastal Waterway. West - S.E. 13th Street right-of-way, and single family residences, zoned R 1-AA. ANAL YSIS The City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.C.2 - Building and Site regulations state that the maximum structure height in the "R-1AA" - single family zoning district is two stories, not to exceed 25 feet. Since all portions of the building are over 25 feet in height (or if any portion of a building is over 25 feet in height), a variance is necessary to be submitted (see Exhibit "0" - Application). The petitioner's intent is to construct a two-story, "up-scale" residence having a total floor area in excess of 5,000 square feet. The first floor of the proposed house contains a sequence of open floor areas: entry hall, kitchen, dining room, living room, etc. The petitioner's designer feels that due to the size (floor area) of these areas the standard height of 8 feet for ceilings would be inappropriate. The interior architecture considerations in conjunction with the structural requirements for providing second story flooring and roofing systems results in the requested increase in the total height of the building above the permitted 25 feet. The architect states further, that this increase not only responds to the current requirements of the higher end housing industry, but also provides higher standards of architectural qualities for the neighborhood. One of the recommendations that came out of the May 1996 Vision 20/20 document was the desire to attract more up-scale homes and fewer apartments. One of the tasks within the Vision 20/20 Planning Study being conducted by James Duncan and Associates is to develop a city-wide housing strategy to address the up-scale home recommendation of the Vision 20/20 document. In talking to the consultant, he stated that he is not far enough along in the study to make a specific recommendation at this time, but was very familiar with the issue of "mansionization" - oversized homes compared to surrounding homes, as he wrote Gulfstream's regulations regarding this issue and was involved with Delray Beach's current mansionization task force. He assured staff that he would be evaluating the city's code with respect to this issue as part of his work. His advice was that 25 feet seemed too restrictive and that 28 feet, maybe even as much as 32 feet, might be appropriate given the specifics of the location and the percentage and portion of the fac;ade that exceeded 25 feet. However, he highly recommended that unless a hardship existed, it would be proper to wait until the code could be changed. He was also willing to move up such a recommendation in his work contract schedule, if necessary. ~ Page 3 Memorandum No. 97-402 Shafiqullslam Case No. 237 Staff Report - Planning and Development Board An elevation for only one of the four facades was submitted. According to the elevation, 100% of the front fac;ade will be over 25 feet in height, creating a high degree of bulk and verticality. City records indicate that no variances for the homes existing on Riviera Drive were ever submitted. Therefore, it is presumed that all existing homes do not exceed 25 feet. Building records are incomplete so this could not be verified. The bulk and verticality of the proposed home differs greatly from the adjacent homes and may present an overcrowding feeling. Also it should be noted that any view to the Intracoastal Waterway from the street will be blocked due to the extensiveness of the proposed building height compared to the overall mass of the structure and due to the pie-shape of the lot. 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 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 granted 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. Exhibit "Err contains the applicant's response to the above criteria and Exhibit "F" - Conditions of Approval). Note: Unlike other development applications, the code does not require staff to make a recommendation regarding whether there are grounds for relief from the city's ordinance. xc: Central File J:\ISLAM\ZON-VAR (building height) STAFF REP-islam.doc 3 EXHIBIT "A" '-I L~CATION MAP .OT 10, LEE MANOR :ISLES - .SHAFIQUL I.SLAM ~ . ~:-:'il'L' , r . '11' -.' '" . r,.. ., i fl.- ,: I . I i ::: ,,:,!i'~'l!tl P:iI~~' "'"Plii:l=V _" ...-, 'II -- r. '. If '... Jort :, "E=:::: ~.... ....111 ' : i TI: lTl ~..: ~: +~! 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"I..:t \1" .....0 tl;Q l~ . 6S""'N M.$p.ot: SO ._--f 'VI- ~ .... \"'j - "-"7 L-d4? /' --> .;.z 1S7Jf'i? ..... ~ :<'-. 1~ ~ ~~ .:s. ~ ~ ":.. I I / I i , .....; \9/'i.:b " ?/~li~ f I.. ' Q~' ~ IJ '<:; '-J.......Y -.t. ~ ' t (,~ I , 0 \\ ~ 'Q, ,,,0 ~~ "\1 .~ III 10-..1_' ~ I), I '" Yj II, - ~ ~, ~I ,"$ I 'rJ I -loo,.- ~ ~ .;:;..::!, ~ '::5 ? ~~ ~~} ~~\J ~~~ ~~ ~~t>l ~ Cl ~1fr-- I;\' N ...... \t .. -~~~ If \ '" i ' i~ ::1\ ~ CJ ~ ('.. 1r" 't. III -0;:;;' ~..':. ii; -- hia \1 ,j!\ h ~o~ r\ '! ~ --' .~-_.- -:- Son ,.. \) 'lI .::l, _ >r\ ,,-~ , 'l" ;<.s~ ~,~~ V)V)'>.,;J 1 --------- --_.------------- EXHIBIT "C" 8 ~\ , \ ~ " ~ ~ f\1 r -~. ,"I, ~ \ ,. ,/ -- ...-..- ......~. ~;) , . ~ , r- -- t-~ ' L '. ,::-..1, .. .... ,. '. . ,., . 0" '. I' . I ! .' I ....,--... ,\ -~~ .. ~': r-..,..- - I. : 1 t .: ., ~ . \1 -. ", ~-... ' ~. . ....... : ~ , , :~._~_TI I ! I · 1\ ~ . I , .. ;. .'...., r, . "..... . 'f.: . .: . '. .-::. ~ ;.- I.~ , ':;' - -: -..:. ,; .. .:~..o ~.:) to.. 1"'>('" ! .'}H _ '... to r.j,.: ';: . r.....l . ~! '" ~ ~.. ~ " ,,:" " " . -';'i . : .~ . ~ ':!~" '.: I i ('11 .~ ". II,!,; , \ '\""-, ;:'~ :: .\. ~~.~~ ;l A ~J;:~':'~;-'i~ " ~ .'" ~"""~f f. . . ~ . .at"..' . ;:::::.t\~1 "'J ":t . , '" >: . ". ---...... -- ....~.it:'-.u~ ..~-~.- EXHIBIT "D" II - - - ------------ - ~.l;.- f!.,......lAAL< j, 1..111/97 '.... .:..'..., ~<J , / "J,.:I. :tf ., __ " v ~- . vv ~-..,-- 0- / .;17'" cJ:n OP BOYNTON BEACH BOARD OF ZONmG APPEALS VARIANCE APPLJ:CATION SUBMITTAL DEADLJ:NB: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES: Please Prin~ (in ink) or Type Submittal Date: The undersigned owner(s) hereby respectfully petition(s) the Board of Zoning Appeals 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) 10 Block Subdivision-.Le.e..J:l)A1'!])e _/'sJ...b's Plat Book 7-4 Page a I \ or otherwise described as follows: Property Address L{)T ID LeL rl7I47JO;€. ISLE~' !Joy,vTP/!3E')4-ch-:FL Variance requesfe~-?3f) FEcI f.le../5hT iN.~7G1:lJ IlF .;7.r~ The following documents are required to be submitted with this application to form a single package. Incomplete package will not be accepted: ~ Two sealed survevs by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B . North arrow C. Existing structures and paving D. Existing elevations 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 si te plans properly dimensioned and to scale showing: A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular froni' the property lines to the 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 alleys, sidewalks, turn 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 of their property within 400 feet of subject property, as recorded in the County Courthouse. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate. Proof of ownership of property by petitioner (s), such as deed or purchase contract agreement. If an agent is submitting the petition. a notarized o09v of a letter desiqnatina him as such must acoompany the petition. 4. s. Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or type) . I:J.- / :/ ./ () c ge 2 ~ard of Zoning Appeals Variance Application ~. 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; That the special conditions and circumstances do not result from the actions of the applicant; That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands. buildings or structures in the same zoning district; That literal interpretation of the provisions of this chapter 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; That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; That the granting of the variance will be in harmony with the general 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. An application fee in the amount of $400.00, payable to the City of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. Name and address of owner: .~H-4-FJQu L- :rSLA-N{ c:K1/1 !\f.c3hc! 5+ &VNrtp/~tA.;A-: 33~3"'- Name of applicant: ~ ~ Applicant r s address: G? AM e.. ~s 4 J1DV.e.. ) Applicant's phone #: 34::,9- ~lf~/ Date: Signature of Applicant: ~~~/!~ iU..~~ B. C. D. E. ~. BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE Property is presently zoned: Property Control Number: el-M formerly zoned: Denial was made upon existing zoning .or sign requirements (list section(s) of Code from which relief is required) : ~~ !:Yl&iAM :7. c. I Nature ot exception or variance required: ~t);pJ..'1 1Aet~ Date: JJ~ I ~7 22,1 Case Number: Permit denied - Building Department Y Meeting Date: ~ ,2'11 /3 EXHIBIT "E" ILl Page 2-5 Special Conditions A. This is a pie-shaped lot that limits the area that can be built upon. B. The special condition and circumstances are the result of plating the property approximately 40 years ago. C. The granting of the variance could possiblily be construed as a special privilege in that other residences do not have the heights that are required. However, granting the variance in the longer run should benefit the homeowners in the same zoning district as well as the entire city. The passage of time has made changes in the markets for quality homes. Today in the better homes the market is having 12-14' first floor and 10-12' for second stories that when added to the beam, slopes for the roof need a 35' height instead of 25'. D. The literal interpretation would be a hardship in that a pie shape lot on the Intercoastal Waterway with the added costs of piling, fill and other related costs does not make it cost effective to build under the current height restriction. The proof of this lot has been platted for over 35 years and has not been built upon. E. The variance requested is the minium needed to make a reaseonable use of the property. F. The granting of the variance in my opinion will be in harmony with the intent of zoning district and would not be injurious to the surrounding area or the city as a whole. I believe that granting the variance would be a more modern use of the property that would upgrade the amenities for everyone. IS EXHIBIT "F /10 ----_..-----------..--------~._-~.,.~ ----'..'.--- ...-,-,--".._...,- ---~------------ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Commission Meetin2 Dates in to City Manae;er's Office Meeting Dates in to City Mana2er's Office 0 May 6, 1997 April 25, 1997 (noon) 0 July I, 1997 June 20, 1997 (noon) 0 May 20, 1997 May 9, 1997 (noon) 0 July 15, 1997 July 3, 1997 (Thursday noon) 0 June 3,1997 May 23, 1997 (noon) 0 August 5, 1997 July 25, 1997 (noon) 0 June 17, 1997 June 6, 1997 (noon) [gI August 19,1997 August 8,1997 (noon) RECOMMENDATION: -Please place the request below on the August 19, 1997 City Commission meeting under Consent (as per recently adopted ordinance No. 97-22) for ratification of the Planning and Development Board's action. The Planning and Development Board, with a 6-1 vote, denied this request on the basis that since the lot is not unbuildable, there is no hardship. For further details pertaining to this request, see attached Planning and Zoning Department Memorandum No. 97-402. EXPLANA nON: - PROJECT: OWNER: LOCA TION: DESCRIPTION: Lee Manor Isles subdivision (Lot 10) Shafiqul Islam Lee Manor Isles subdivision, Lot 10 (S.E. 13th Avenue, aka Riviera Drive) Request for a variance to the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.C.2. to allow an increase in the height of a proposed single family home to 35 feet from the maximum 25 feet allowed. PROGRAMIMWACT: N/A FISCAL IMWACT: N/A ALTERNATIVES: N/A ~~~~ City Manager's Signature Department Head's Signature Department Name Planning and Zoning Director \\CH\MAIN\SHRDA T A \Planning\SHARED\ WP\PROJECTS\ISLAM\Agenda Item Request- Height.doc EXHIBIT "F" Conditions of Approval Project name: Shafiqul Islam File number: ZNCV 97-003 (building height), Case No. 237 Reference: Application and exhibits with a June 17 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: N/ A UTILITIES Comments: N/ A FIRE Comments: N/ A POLICE Comments: N/A ENGINEERING DMSION Comments: N/ A BUILDING DMSION Comments: N/ A PARKS AND RECREATION Comments: N/A FORESTERfENVIRONMENTALIST Comments: N/A PLANNING AND ZONING Comments: N/A ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. DENIED. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. Ibme s:\projects\cond of appr\ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Commission Meeting Dates in to City Manager's Office Meeting Dates in to City Manager's Office D May 6, 1997 April 25, 1997 (noon) D July I, 1997 June 20, 1997 (noon) D May 20, 1997 May 9, 1997 (noon) D July IS, 1997 July 3, 1997 (Thursday noon) D June3, 1997 May 23, 1997 (noon) D August 5, 1997 July 25, 1997 (noon) D June 17, 1997 June 6, 1997 (noon) [gJ August 19, 1997 August 8, 1997 (noon) RECOMMENDATION: Please place the request below on the August 19, 1997 City Commission meeting under Consent. The Planning and Development Board, with a 7-0 vote, recommended approval, subject to all staff comments in Exhibit "D"- Conditions of Approval (see attached) . For further details pertaining to this request, see attached Planning and Zoning Memorandum No. 97-417. Also, the agent's attorney has verbally requested (a letter is forthcoming) postponement of the Commission's ratification of the Board's action until the September 2, 1997 City Commission meeting. This is due to the August 25, 1997 workshop that has been scheduled to discuss revisions to the Tradewinds settlement agreement, desired by the applicant. A few of the revisions relate to the conditions of approval for the subject request. EXPLANATION: PROJECT: Shoppes of Woolbright PCD AGENT: Michael Morton, Morton Group, Inc. OWNER: Howard Scharlin, Trustee LOCATION: North of Woolbright Road and east ofL.W.D.D. E-4 Canal DESCRIPTION: Request to modify the previously approved Shoppes of Woolbright PCD master plan to move north, approximately 40 feet, the driveway that is located on the east side of S. W. 8th Street between Outparcel 1 and Outparcel2, reduce the floor area ofOutparcell from 4,000 square feet to 3,710 square feet, reduce the floor area of Outparcel 2 from 6,745 square feet to 6,492 square feet, reduce the floor area of Outparcel 3 from 3,175 square feet to 2,911 square feet, detach from Home Depot the commercial buildings located north of the garden center and combine the two southern most tenant spaces. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Department Head's Signature City Manager's Signature Department Name /1 -r~~~ Plann' d Zon g Director J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\SHPSWOOL\MPMD\Agenda Item Request.doc EXHIBIT liD" Conditions of Approval Project name: Shoppes of Woolbright File number: MPMD 97-002 Reference: The plans consist of 1 sheet identified as 2nd Review. Master Plan Modification. File # MPMD 97-002 with a June 24. 1997 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None UTILITIES Comments: 1. Show existing easements along the east property line, west of the canal easement, (LDR Chapter 3, Art. IV, Sec. 3 (H and I)). FIRE Comments: None POLICE Comments: 2. The Police Department has reviewed the plans and feels that there is a traffic flow concern in the area of the Home Depot Garden Center. It is recommended that the 'CUSTOMER PICK-UP ZONE' be shortened and not extended north of the access road to Shoppes of Woolbright. This area is already a traffic problem with customers blocking the area of the intersection. Pick-up and temporary parking for the Garden Center needs further design and consideration, prior to construction of the rest of the shopping center. 3. It is recommended that a traffic signal be installed at the intersection of the access road and S.W. 8th Street. ENGINEERING DMSION Comments: 4. Change "outparcel 1" to Lot 2, change "outparcel 2" to Lot 1 and change "outparcel 3" to remainder of Tract "c" to mirror "Woolbright 100" plat document [Chapter 5, Article V, Section 1.C.] 5. Identify the roadway between Burger King and Discount Auto as "Tract A (private)" to provide consistency with the "Woolbright 100" plat document. [Chapter 5, Article V, Section 1.C.] 6. Identify and locate the easement between Food Court and Discount Auto as a 27' ingress/egress easement (private). [Chapter 5, Article V, Section 1.C.] Page 2 Shoppes of Woolbright PCD File No. MPMD 97-002 II DEPARTMENTS INCLUDE REJECT 7. Correct the dimension along the north property line of Burger King from 165.89 to 165.23 to reflect the plat dimension. 8. Correct the dimension along the west property line of Discount Auto parcel from 167.97 to 167.86 to provide consistency with plat dimension. BUILDING DIVISION Comments: None PARKS AND RECREA nON Comments: None FORESTER/ENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 9. The site signs shown on the submitted plan do not match the signs shown on the approved sign program. Eliminate from the master plan the site signs from the following sites: . Cracker Barrel, . Race Trac, . Home Depot. 10. The second free-standing sign on the Home Depot property has not been permitted by the most recent sign program for Shoppes of Woolbright PCD. Eliminate any reference to this sign from the master plan. 11. Modify the first note from the notes section of the master plan to read as follows: "See plan for location and size of minimum required peripheral greenbelt ". 12. Amend the chart that identifies previous master plans to reflect the appropriate date the master plan modification was approved by the City Commission. Also, indicate that the approvals are subject to staff comments. 13. The required time frame for the completion of the Industrial Access Road (aka Mortons Way/Purple Heart Way), which is located within the PUD, is September 7, 1997 and there is not a current application submitted for Page 3 Shoppes of Woolbright PCD File No. MPMD 97-002 DEPARTMENTS INCLUDE REJECT improvements in the Woolbright Place PUD. Therefore, it is recommended that the applicant make permit application for this road within 30 days of the commission approval of the subject request and complete the road by September 7,1997. 14. Submission of a rectified master plan showing compliance with the conditions of approval for this request will be required to be submitted to the Planning and Zoning Department, prior to certificates of occupancy for Discount Auto or Food Court (whichever occurs first). 15. To provide consistency among all submittal elements, amend the request letter to delete the request to change the 25 foot peripheral greenbelt for a 10 foot peripheral greenbelt containing a 5 feet high masonry wall. Indicate the location of the buffer wall along the northern property line on the PCD property. 16. Correct the master plan to reflect the access between Burger King and Discount Auto as an easement on the Burger King parcel as per the recorded agreement and plat. 17. Although the letter of request indicates decrease in square footage of buildings located on all three outparcels of the development, the total building area indicates an increase from the approved 268,290 square feet to 313,896 square feet. Provide consistency among all proposed square footage changes on the master plan and in the site plan data. ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 18. NONE. ADDITIONAL CITY COMMISSION CONDITIONS 19. To be determined. Ibme J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\SHPSWOOL\MPMD\cond. of approval. doc ~ITY OF BOYNTON BEACh PLANNING AND DEVELOPMENT BOARD MEETING AGENDA DATE: Tuesday, August 12, 1997 TIME: 7:00 P.M. PLACE: Commission ehambers 100 E. Boynton Beach Boulevard Boynton Beach, Florida 1. Pledge of Allegiance 2. Introduction of Mayor, eommissioners and Board Members. 3. Agenda Approval. 4. Approval of Minutes. 5. eommunications and Announcements. A. Report from the Planning and Zoning Department 1. Final eity Commission disposition of the agenda items from the last Planning and Development Board meeting. 6. Swearing in of witnesses. 7. Old Business None 8. New Business A. PUBLIC HEARINGS Zonina eode Variance 1. PROJEeT: BGllndustries, Inc. at Quantum Park AGENT: Gonzalo Ravago OWNER: BGllndustries, Inc. LOCATION: Northeast corner of Gateway Boulevard and Quantum Boulevard (lots 32, 33, 34A, 34B, 35, 36, 37 and 38 in Quantum Park) DEseRIPTION: Request for a zoning code variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section Page 2 of 5 Planning and Development Board Meeting Agenda, August 12, 1997 7.H.11 - Off-street loading, to allow off-street loading facilities fronting Gateway Boulevard. 2. PROJECT: Lee Manor Isles subdivision (Lot 10) OWNER: Shafiqullslam LOCATION: Lee Manor Isles subdivision, Lot 10 (S.E. 13th Avenue, aka Riviera Drive) DESCRIPTION: Request for a variance to the eity of Boynton Beach Land Development Regulations, ehapter 2, Section 5.C.2. to allow an increase in the height of a proposed single family home to 35 feet from the maximum 25 feet allowed. B. SUBDIVISIONS Master Plan Modification 1. PROJEeT: Melear PUD AGENT: Donaldson Hearing OWNER: James T. Bisesi and Gene B. Glick DEseRIPTION: Request to modify the previously approved Melear PUD master plan to allow a reduced buffer width along eongress Avenue from 50 feet to 40 feet, revised access for one driveway onto eongress Avenue, an additional egress/ingress driveway onto Sandalwood Drive, and redistribution of unit types and numbers within Phase 2 and 3 of 492 multi-family units and 181 single-family units to 364 multi-family units and 309 single-family units. 2. PROJECT: Shoppes of Woolbright peD AGENT: Michael Morton, Morton Group, Inc. OWNER: Howard Scharlin, Trustee LOCATION: North of Woolbright Road and east of L.W.D.D. E-4 eanal DEseRIPTION: Request to modify the previously approved Shoppes of Woolbright peD master plan to move north, approximately Page 3 of 5 Planning and Development Board Meeting Agenda, August 12, 1997 40 feet, the driveway that is located on the east side of S.W. 8th Street between Outparcel1 and Outparcel 2, reduce the floor area of Outparcel1 from 4,000 square feet to 3,710 square feet, reduce the floor area of Outparcel 2 from 6,745 square feet to 6,492 square feet, reduce the floor area of Outparcel 3 from 3,175 square feet to 2,911 square feet, detach from Home Depot the commercial buildings located north of the garden center and combine the two southern most tenant spaces. C. APPEALS Communitv Desion Plan Appeal 1. PROJECT: Boynton Beach Mobile Village AGENT: Bob Brown OWNER: Spillane Brown Development Co. LOCATION: 1801 NE 4th Street DESCRIPTION: Request to appeal the Community Design Plan, Section 10.C.3, to allow a canvas dumpster enclosure to substitute for the required concrete block, stuccoed wall dumpster enclosure. D. SITE PLANS New Site Plan 1. 'PROJECT: ARC at Boynton Beach (American Retirement Communities) AGENT: Bradley Miller, AICP Charles Putman & Associates, Inc. OWNER: Norman J. and Eljshka E. Michael LOCATION: Southeast corner of Congress Avenue and S.W. 23rd Avenue DESCRIPTION: Request for site plan approval to construct an assisted living unit facility (containing 93 beds and 91 units) on 4.622 acres. eoncurrencv and eonditional Use Time Extension 2. PROJECT: Palm Walk Adult eongregate living Facility AGENT: Gregg H. Fierman McDermott, Will and Emery OWNER: Palm Walk Associates, Inc. LOCATION: North side of S.W. 19th Avenue, approximately 351 feet east of Congress Avenue. DEseRIPTION: Request for a third, one year time extension (August 16, 1998) for conditional use approval and concurrency certification for construction of a 48 bed ACLF. Page 5 of 5 Planning and Development Board Meeting Agenda, August 12, 1997 F. OTHER NONE 9. Comments by members 10. Adjournment 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-FOUR (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLE ACCOMMODATE YOUR REQUEST. J :\SHRDA T A \Planning\SHARED\WP\AGENDAS\P&D\8-12-9 .doc 8.A.2 LEE MANOR ISLES SUBDIVISION (LOT 10) ZONING CODE VARIANCE bDEVEL.,",PMENT SERVICES DEPARTMEt-.. . PLANNING AND ZONING DIVISION MEMORANDUM #97-402 Staff Report Planning and Development Board and City Commission Meeting Date: August 12, 1997 Petition: Case No. 237 File No: ZNCV 97-003 (building height) Location: Lot 10, Lee Manor Isles subdivision Owner: Shafiqullslam Project Name: Lee Manor Isles subdivision, Lot 10 - zoning code variance Variance Request: Request for variance from the City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.C.2 - Building and site regulations to allow an increase in the height of a proposed single family home to 35 feet from the maximum of 25 feet allowed. BACKGROUND The subject property is an undeveloped lot (lot 10), located within the Lee Manor Isles subdivision. It is a pie-shaped lot located on a cul-de-sac at the end of S.E. 13th Avenue, also known as Riviera Drive. The applicant is intending to erect a single family home on the lot. This is the only vacant lot on the street. The submitted elevation sketch of the front of the house shows the highest point of the structure to be 35 feet in height (see Exhibit "A" - Location Map, Exhibit "B" - Survey and Exhibit "e" - Site Plan and Front Elevation). The zoning designation of the subject parcel is R1-AA (single-family residential). The following is a description of the zoning districts and land uses of the properties that surround the subject request: North - single family residence, zoned R1-AA South - single family residence, zoned R 1-AA / Page 2 Memorandum No. 97-402 Shafiqullslam Case No. 237 Staff Report - Planning and Development Board East - Intracoastal Waterway. West - S.E. 13th Street right-of-way, and single family residences, zoned R 1-AA. ANAL YSIS The City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.C.2 - Building and Site regulations state that the maximum structure height in the "R-1AA" - single family zoning district is two stories, not to exceed 25 feet. Since all portions of the building are over 25 feet in height (or if any portion of a building is over 25 feet in height), a variance is necessary to be submitted (see Exhibit "D" - Application). The petitioner's intent is to construct a two-story, "up-scale" residence having a total floor area in excess of 5,000 square feet. The first floor of the proposed house contains a sequence of open floor areas: entry hall, kitchen, dining room, living room, etc. The petitioner's designer feels that due to the size (floor area) of these areas the standard height of 8 feet for ceilings would be inappropriate. The interior architecture considerations in conjunction with the structural requirements for providing second story flooring and roofing systems results in the requested increase in the total height of the building above the permitted 25 feet. The architect states further, that this increase not only responds to the current requirements of the higher end housing industry, but also provides higher standards of architectural qualities for the neighborhood. One of the recommendations that came out of the May 1996 Vision 20/20 document was the desire to attract more up-scale homes and fewer apartments. One of the tasks within the Vision 20/20 Planning Study being conducted by James Duncan and Associates is to develop a city-wide housing strategy to address the up-scale home recommendation of the Vision 20/20 document. In talking to the consultant, he stated that he is not far enough along in the study to make a specific recommendation at this time, but was very familiar with the issue of "mansionization" - oversized homes compared to surrounding homes, as he wrote Gulfstream's regulations regarding this issue and was involved with Delray Beach's current mans ionization task force. He assured staff that he would be evaluating the city's code with respect to this issue as part of his work. His advice was that 25 feet seemed too restrictive and that 28 feet, maybe even as much as 32 feet, might be appropriate given the specifics of the location and the percentage and portion of the fac;ade that exceeded 25 feet. However, he highly recommended that unless a hardship existed, it would be proper to wait until the code could be changed. He was also willing to move up such a recommendation in his work contract schedule, if necessary. ~ Page 3 Memorandum No. 97-402 Shafiqul Islam Case No. 237 Staff Report - Planning and Development Board An elevation for only one of the four facades was submitted. According to the elevation, 100% of the front fayade will be over 25 feet in height, creating a high degree of bulk and verticality. City records indicate that no variances for the homes existing on Riviera Drive were ever submitted. Therefore, it is presumed that all existing homes do not exceed 25 feet. Building records are incomplete so this could not be verified. The bulk and verticality of the proposed home differs greatly from the adjacent homes and may present an overcrowding feeling. Also it should be noted that any view to the Intracoastal Waterway from the street will be blocked due to the extensiveness of the proposed building height compared to the overall mass of the structure and due to the pie-shape of the lot. 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 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 granted 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. Exhibit "E" contains the applicant's response to the above criteria and Exhibit "F" - Conditions of Approval). Note: Unlike other development applications, the code does not require staff to make a recommendation regarding whether there are grounds for relief from the city's ordinance. xc: Central File J:\ISLAM\ZON-VAR (building height) STAFF REP-islam.doc 3 EXHIBIT "A" 4 L "CATION MAP LOT 10, LEE MANOR .ISLES -SHAFIQUL ISLAM 1 I I I . =tf. 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I ,..,at -..;.~w~....._...._ ___________, ______________ . ...... .. ..-.- ~.O , ~- .", . ~~::~_.'(...2~~i~~......~... ...-- -- ~... ..j~. . .~..;~ ~~..'...~:;~ ;~t...::~:,g;-..- .......,...-:7....... - ,. , I !. . ; _---1 q aTY OF BOYNTON BEACH REGULAR CITY eOMMISSION MEETING AGENDA . ......, R (ill R n W ~ r!~~'L t5 1.\9 t~ u ~ 1\1 \ \\'1' , AUG , 8 1991 I L:J ~ August 19, 1997 >'~- I. OPENINGS: A. Call to Order - Mayor Jerry Taylor B. Invocation - Father Mark, Pastor, St. Mark Catholic Church C. Pledge of Allegiance to the Flag led by Commissioner Matt Bradley D. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption II. ADMINISTRATIVE: A. Appointments to be made: Appointment Length of Term To Be Made Board Expiration Date I Titcomb Adv. Bd. on Children & Youth Alt 1 yr term to 4/98 TABLED IV Tillman Adv. Bd. on Children & Youth Stu/Reg 1 yr term to 4/98 TABLED I Titcomb Civil Service Board Alt 2 yr term to 4/99 TABLED IV Tillman Cemetery Board Reg 3 yr term to 4/00 TABLED Mayor Taylor Cemetery Board Reg 3 yr term to 4/00 TABLED I Titcomb Cemetery Board Alt 1 yr term to 4/98 TABLED I Titcomb Code Enforcement Board Alt 1 yr term to 4/98 TABLED IV Tillman Code Enforcement Board Reg 3 yr term to 9/00 TABLED II Bradley Code Enforcement Board Reg 3 yr term to 9/00 IV Tillman Community Relations Board Alt 1 yr term to 4/98 II Bradley Community Relations Board Alt 1 yr term to 4/98 TABLED I Titcomb Library Board Alt 1 yr term to 4/98 TABLED II Bradley Senior Advisory Board Alt 1 yr term to 4/98 TABLED I Titcomb Recreation & Parks Board Alt 1 yr term to 4/98 III. ANNOUNCEMENTS & PRESENTATIONS: A. Announcements: 1. City Commission Workshop Meeting to discuss Proposed Leisureville Settlement and Woolbright Place Settlement Agreement - Monday, August 25, 1997, at 6:30 p.m. - West Wing Conference Room "C" 2. Special City Commission Meeting & Budget Public Hearing - Thursday, September 4, 1997, at 6:30 p.m. - Commission Chambers 3. City Commission Workshop Meeting with Town of Ocean Ridge - Frk:L:'i"/, September 5, 1997, at 2:00 p.m. - Conference Room "C" - West Wing 1 4. Low-cost Rabies Clinic - Ezell Hester Jr. Community Center on Sunday, August 24, 1997, from 12:00 Noon until 2:00 p.m. 5. Recognize B-Love Corporation for its Sponsorship of the 2nd Annual Driftfishing Benefit for the Animal Shelter B. Presentations: IV. eONSENT AGENDA: Matters in this Section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. A. Minutes: 1. Special City Commission Meeting Minutes of July 25, 1997 2. Joint Workshop Meeting of City Commission/Chamber of Commerce of August 4, 1997 3. Regular City Commission Meeting Minutes of August 5, 1997 B. Bids - Recommend Approval - All expenditures are approved in the 1996-97 Adopted Budget 1. Award BID #051-19297/CJD to Asbestos Certified Technicians from Land O'Lakes, Florida in the amount of $11,212.00 for Avian Feces Abatement at Mangrove Elementary School, 129 E. Ocean Avenue 2. Approve purchase from Smith and Loveless, Inc., manufacturer of pumps and check valves, for replacement in Lift Station #602 through Sanders Co., Stuart, FL, in the amount of $16,840 3. . Approve request for direct purchase in the West Water Treatment Plant Expansion Phase II Project Control Instrumentation from Johnson Yokogowa, through the State of Florida's authorized representative, Classic Controls, Inc., Lakeland Florida, in the amount of $23,735, and three Remote Telemetry Units from Data Flow Systems, Melbourne, Florida, in the amount of $15,471. The total request amounts to $39,206 4. Approve purchase of drywall and replacement in the Microbial Remediation process throughout City Hall from Lotspeich, Lake Park, Florida. in the amount of $5,727. 5. Approve Bid Renewal for Annual Requirements for Bulk Fertilizer for the Golf Course 6. Approve Bid Renewal for Annual Contract for Supplying and Installation of Water Service Connections and Restoration to Gosline Plumbing & Sprinkler Company, Inc. of Riviera Beach, Florida - New Bid #072-401-97/CJD 2 7. Approve Bid for Annual Supply of Polyphosphate- Type Corrosion Inhibitors - Bid #058-401-97!SP 8. Approval of agreement for the purchase of software golf package including point-of-sale, inventory, and handicapping functions from Golf Management Systems, Inc. C. Resolutions: 1. Proposed Resolution No. R97-137 Re: Approving description of Citizen Action Center Coordinator the new job 2. Proposed Resolution No. R97 -138 Re: Authorizing the Mayor and City Clerk to execute an agreement between the City of Boynton Beach and Palm Beach County to permit the existence of an entrance sign and wall, including lighting, landscaping, and irrigation in and on the County-controlled right-of-way located at the intersection of Chapel Hill Boulevard and Seacrest Boulevard 3. Proposed Resolution No. R97-139 Re: Approve amendment to Rule XI, Section 5.0. of the Civil Service Rules & Regulations providing that no employee shall receive supplemental pay under a Workers' Compensation claim for a period exceeding six (6) months, and providing that no supplemental pay shall be paid to an employee beyond eighteen (18) months from the date of injury D. Approval of Bills E. Payment of Bills - July, 1997 F. Approve establishment of an investment policy for all City of Boynton Beach Funds except pension funds G. Approve request for variance for BGI Industries, Inc., from the Land Development Regulations, Chapter 2 - Zoning, Section 7.H.11 - Off-Street Loading, to allow a loading zone to front on a public right-of-way H. Approve request for Shafiqul Islam for a variance to the Land Development Regulations, Chapter 2, Section 5.C.2a. to allow an increase in the height of a proposed single-family home to 35' from the maximum 25' allowed I. Approve request for Boynton Mobile Village for Community Design Plan Appeal J. Approve request for Palm Walk ACLF for conditional use time extension! concurrency time extension K. Approve request for master plan modification for the Shoppes of Woolbright PCD L. Approve request for master plan modification for Melear PUD M. Approve request for new site plan for ARC (American Retirement Communities) at Boynton Beach N. Approve request for new site plan for Woolbright Medical Office 3 O. Approve site plan time extension for Boynton Beach Mall-Department Store F P. Approve funding for City Hall Information/Site Sign in the amount of either $10,000 or $25,000 a, Approve request for refund on Mausoleum Crypt #E-9, Benediction Building, Section B, Boynton Beach Memorial Park purchased by Rosadee Wright R. Approve request for refund on Cemetery Lots 10 & 11, Block J, Boynton Beach Memorial Park, purchased by Louise L. Carver S. Authorization to turn finalized utility accounts with uncollectible balances to 3/31/97 over to collection agency V. elTY MANAGER'S REPORT: VI. PUBLIC AUDIENeE: 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. Citizens Input on 1996 Award from the Local Law Enforcement Block Grant Program B. Abandonment Application: PROJECT: Enterprise Rent-A-Car AGENT: Dee Monette GiI Hyatt Construction OWNER: Harry Hamilton, Trustee LOCATION: 1009 North Federal Highway DESCRIPTION: ABANDONMENT - Request to abandon a 20' wide strip of land just west of lots 3 and 4 of Block 1 of the Lake Addition to Boynton Beach subdivision in connection with the Enterprise Rent-a-Car Conditional Use request. VIII. BIDS: IX. DEVELOPMENT PLANS: A. PROJECT: AGENT: OWNER: LOCATION: Boynton Commons peD Joe Lelonek Land Design South Bill and Elsie Winchester Southwest corner of Old Boynton Road and Congress Avenue Request for an administrative appeal to significantly modify the previously-approved building elevations of the Boynton Commons PCD Shopping Center. DESCRIPTION: 4 X. NEW BUSINESS: XI LEGAL: A. Ordinances - 2nd Reading - PUBLIC HEARING 1. Proposed Ordinance No. 097-34 Re: Rezoning - Heise/Auto Care Center of America PCD ............... POSTPONED UNTIL SEPTEMBER 2nd 2. Proposed Ordinance No. 097-41 Re: Amending Chapter 1.5 of the Land Development Regulations by amending Sections 4.3(A) and 4.3(B) to add "conditional use approval" and "conditional use approval time extension" to the list of applications/requests that shall be preliminarily reviewed by the Planning and Development Board 3. Proposed Ordinance No. 097-42 Re: Amending Section 6.E of the City Sign Code, Chapter 21 of the Land Development Regulations 4. Proposed Ordinance No. 097-43 Re: Deleting Charter Sections B. Ordinances - 151 Reading 1. Proposed Ordinance No. 097-44 Re: Amending Chapter 1.5, Section 2.F. of the Land Development Regulations to remove all references to unexcused absences in said Chapter, and providing that on the sixth absence, the member shall be removed from the Planning and Development Board 2. Proposed Ordinance No. 097-45 Re: Amending Part II, Chapter 2, Article IV of the Code of Ordinances to amend section 2-56 providing for increase of the exemption amount for competitive bidding to $2,000 except as provided in Section 2-56.1; amending Section 2-56.1 (b) providing for revision of the current competitive bidding exemption for purchases in excess of $1,000 and less than $5,000 to revise the exemption to purchases between $2,000 and $10,000 C. Resolutions: None D. Other: XII. UNFINISHED BUSINESS: XIII. OTHER: XIV. ADJOURNMENT: 5 NOTICE IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, HE/SHE 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-FOUR (24) HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER TO THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. j:\shrdata\cc\wp\ccagenda\0819.doc 6 EXHIBIT "B" . h # Sij, ~\ ~'" ~ -~ - \ - .. . ~ ~~ ~ '- ~~~-h 7 - !J'D~Od-,o:), .6s'~'.)/ A-1'S'bo~ S- -- --- ------- "" ~ ~-ll II " ,(l ltQ ~~ 'rJl II: ~~~ ~ w~~ ::> ~ ~i~ N ~~~ '\j~m: ~~d ii1w~w< II:h~~ d ~ ~~~2!j II! ~~I'!~!!li l!! l!'~m~~l!l a ~~iil\ll~~ ll! ~"~h~ ~~gw~5 lI:~llli5~Zl WClrJll-i ~i~~~ ~w~::>ll! iil59~U >-l:l5~ClEi: al~alfili1lil! I~~~~o ~tia:(I)~ ~~~~~ ~~~o:~~ W:i~hQ lllz~U~t; ~~z~~~ u.I:Jzda:. ~~2oa:o :I:~olil~~ @!i~!~~ ~@WWrJl~ Zll:l!l!i~!!l H~~~F ~Zu.lUloa: rJl~;!;ffi~~ t:06:r:za.. 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Vl/ t::< -r....:2-t.-I.J.. ,-r- / d 7- CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS VARIANCE APPLICATION SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES: Please Print (in ink) or TYPe Submittal Date: The undersigned owner{s) hereby respectfully petition{s) the Board of Zoning Appeals 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) 10 Block Subdivision~J:ljAft!])e -' .5d...bS Plat Book ""2---4 Page a 11 or otherwise described as follows: Property Address LoT /D Ue- N1J4-NolZ- ISLEt;., f3oYNr~l3liJteJ1-:FL Variance requesfe~~;J5"' FEEl lIeJ5h-f iN'57~ /JF KS-:0 The following documents are required to be submitted with this application to form a single package. Incomplete package will not be accepted: 'f Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B. North arrow C. Existing structures and paving D. Existing elevations 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. (I/IDD) of an acre J. Location sketch of property K. Surveyor's Certificate 2. \, Two site plans properly dimensioned and to scale showing: 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 the 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 alleys, sidewalks, turn 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 of their property within 400 feet of subject property, as recorded in the County Courthouse. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate. 4. Proof of ownership of property by petitioner (s), such as deed or purchase contract agreement. If an aaent is submittinq the petition. a notarized CODY of a letter desiqnatina him as such must accompany the petition. 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or type) : I~ EXHIBIT "E" /Lf , - - . ~ ----~----- EXlllBIT "F" Conditions of Approval Project name: Shafiqul Islam File number: ZNCV 97-003 (building height), Case No. 237 Reference: Application and exhibits with a June 17 1997 Planning and Zoning Department date stamp marking. I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: N/ A UTILITIES Comments: N/A FIRE Comments: N/A POLICE Comments: N/A ENGINEERING DIVISION Comments: N/ A BUILDING DIVISION Comments: N/ A PARKS AND RECREATION Comments: N/ A FORESTER/ENVIRONMENTALIST Comments: N/ A PLANNING AND ZONING Comments: N/A ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS 2. To be determined. /bme s:\projects\cond of appr\ J7 - DEVELOPMENT ORDER cln 0F BOYNTON BEACH, FLORIDA PROJECT NAME: Shafiqullslam APPLICANT: Shafiqul Islam APPLICANT'S AGENT: APPLICANT'S ADDRESS: 2111 N.E. 3rd Street, Boynton Beach, FL 33435 DATE OF HEARING BEFORE CITY eOMMISSION: August 19,1997 TYPE OF RELIEF SOUGHT: Zoning Code Variance (building height) LOCATION OF PROPERTY: Lot 10, Lee Manor Isles subdivision DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO. THIS MATTER came on to be heard before the City Commission of the eity 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 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. 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:\SHRDA T A\Planning\sHARED\WP\PROJECTS\ISLAM\zNCv\DEVELOPMENT ORDER.doc /5