LEGAL APPROVAL
:
/--
---.,
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent I. Kastarlak, NCARB
Director
Building
Planning & Zoning
Engineering
Oa:upat/onal license
Commanity Redevelopment
June 24, 1998
Peter H. Schmidt
400 South Dixie Highway, Suite 420
Boca Raton, FL 33432
Re: 658 Manor Drive (Barbara Bradshaw)
File Number: ZNCV 98-003 - Zoning Code Variance
(Side and Rear Yard Setback)
Location: 658 Manor Drive .
Dear Mr. Schmidt:
Enclosed is the City of Boynton Beach development order regarding the City
Commission's June 2, 1998 approval of your zoning code variance request, regarding
the above property.
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 375-6260.
Sincerely,
Jtc:-; -0. ~
Michael W. Rumpf
Acting Planning and Zoning Director
MWR:mae
Enclosure
xc: Central File
(S:\Shrdata\Planning\Shared\Wp\Projects\658 Manor Dr - B.Bradshaw\ZNCV 98-003\Dev Order letter. doc)
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Bulent l. Kastarlak, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Commanity Redevelopment
June 5, 1998
Peter H. Schmidt
400 South Dixie Highway, Suite 420
Boca Raton, FL 33432
Re: 658 Manor Drive (Barbara Bradshaw)
File Number: ZNCV 98-003 - Zoning Code Variance
(Side and Rear Yard Setback)
Location: 658 Manor Drive
Dear Mr. Schmidt:
Enclosed is the City of Boynton Beach development order regarding the City
Commission's June 2, 1998 approval of your zoning code variance request, regarding
the above property.
Should you have any questions regarding this matter, please feel free to contact this
office at (561) 375-6260.
Sincerely,
Michael W. Rumpf
Acting Planning and Zoning Director
MWR:mae
Enclosure
xc: Central File
(S:\Shrdata\Planning\Shared\Wp\Projects\658 Manor Dr - B.Bradshaw\ZNCV 98-003\Dev Order letter. doc)
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH. FLORIDA
JUNE 2. 1998
1. Joint City Commission/Chamber of Commerce Meeting of May 11. 1998.
2. Regular Commission Meeting of May 19, 1998.
Mayor Pro Tem Tillman requested that the first line of the first paragraph on Page 3 of the
Joint City Commission/Chamber of Commerce Minutes of May 11. 1998 be amended by
striking the words "that day" and adding in place thereof the words "the defined outcome"
after the words "planned agenda for".
Commissioner Titcomb moved to approve the minutes of the Joint City Commission/Chamber
of Commerce Meeting of May 11. 1998. as amended, and the Regular Commission Meeting of
May 19, 1998. Motion seconded by Mayor Pro Tem Tillman. Motion carried 5-0.
B. Bids - Recommend Approval - All expenditures are approved in the 1997-98
Adopted Budget
NONE
C. Resolutions:
1. Proposed Resolution No. R98-103 Re: Community Redevelopment
Area Policy Statement
Item IV-C. 1 removed from the Consent Agenda to be presented by Vice Mayor Jaskiewicz.
D. Ratification of Planning & Development Board Action:
1. 658 Manor Drive (Barbara Bradshaw) - Variances from Chapter 2 _
Zoning, Section 5.G2. to allow for a reduction of the minimum side yard
requirement from 20' to 1.6' and the minimum rear yard requirement from
40' to 10. 7' (TABLED 5115198)
Item IV. D. 1 removed from the Consent Agenda for legal clarification.
2. 658 Manor Drive (Barbara Bradshaw) - Variances from Chapter 2 _
Zoning, Section 5.G.2.a to allow for a reduction of the required minimum
750 square feet of living area for apartment units to 370 square feet for
Unit #5, 568 square feet for Unit #9, and 499 square feet for Unit #10
(TABLED 5115198)
Item IV.D.2 removed from the Consent agenda for legal clarification.
3. Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway - Variance
from the LDRs, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a
6' h!gh chain linked fence along the south property line in lieu of the
5
..
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH. FLORIDA
JUNE 2. 1998
required 5' high concrete block buffer wall to separate the Riverwalk
Plaza from the abutting residential district. (TABLED 5/15/98)
Item IV.D.3. removed from Consent AgEmda and tabled.
4. Boynton Commerce Center PID/Phase 1 (Buildings A & B), Corporate
Drive. Request for major site plan modification approval to construct two
warehouse/manufacturing office buildings totaling 154,439 square feet on
10.5 acres of land (formerly Buildings C & 0 and E & F to reflect changes.
approved by the City Commission on 2/17/98)
5. Boynton Commerce Center PID/Phase 1 (Building C). Corporate Drive.
Request for site plan approval to construct phase " to consist of one
warehouse/manufacturing office building totaling 74,084 square feet on
3.57 acres of land.
6. Amerope Enterprises, Inc. - Request for use approval to add wholesale
distribution of x-ray and nuclear shielding glass products to the High
Ridge Commerce PID list of permitted uses. (TABLED AT PLANNING &
DEVELOPMENT BOARD MEETING OF MA Y 26, 1998)
Item IV-D.6 removed from Consent Agenda and tabled.
7. The Hamptons of Boynton Beach - Request for site plan approval to
construct 192 multi-family dwelling units (apartments).
E. Approval of Bills
F. Staff recommends a motion to approve the special event request from Deluca's
Showtime to host a Car and Truck Show in their parking lot June 7, 1998 from
10:00 a.m. to 4:00 p.m. subject to staff comments requiring adherence to City
Ordinances and State laws.
Item IV.F. removed from Consent Agenda for presentation.
Motion
Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items
C.1, 0.1, D.2, D.3, D.e, and Item F. Vice Mayor Jaskiewicz seconded the motion. Motion
carried 5-0.
Presentation of Item IV.C.1
6
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH. FLORIDA
JUNE 2. 1998
IV.C.1 Vice Mayor Jaskiewicz read the following Resolution R98-103. Community
Area Policv Statement in its entltf~tx, and which Resolution is attached to
the minutes and made part of the record:.
MOTION
Commissioner Titcomb moved to approve Proposed Resolution R98-103. Commissioner
Denahan seconded the motion.
Mayor Taylor expressed his appreciation to Vice Mayor Jaskiewicz for reading the Resolution
into the record for public knowledge since there was a lot of misinformation distributed on this
item and now it has been clarified publicly.
Mayor Pro Tem Tillman asked how this issue would be handled with any other group that seeks
a response from this Commission to be excluded from eminent domain proceedings?
Commissioner Titcomb stated he felt that any group that set forth the same type of concems
and arguments and exhibited a basis for not having eminent domain proceedings initiated
against them would have the same response from the City Commission. However,
Commissioner Titcomb stated that each group that comes before the City Commission would be
treated as a separate and distinct policy consideration for that group.
Commissioner Titcomb informed the Commission that this particular Intracoastal Group shares
a common concern and this particular Resolution was appropriate to express the intent of this
Commission and future Commissions that those areas are not under consideration for any
redevelopment that would adversely affect their existence. .
Motion carried 5-0.
CONSENT AGENDA DISCUSSION ITEM:
IV.D. Ratification of Planning & Development Board Action
1. 858 Manor Drive (Barbara Bradshaw) Variances from Chapter 2 _
Zoning, Section 5.G.2 to allow for a reduction of the minimum side
yard requirement from 20' to 1.8' and the minimum rear yard
requirement from 40' to 10.r (Tabled 5115198)
2. 858 Manor Drive 9(Barbara Bradshaw) - Variances from Chapter 2 _
Zoning, Section 5.G.2.a to allow for a reduction of the required
minimum 750 square feet of living area for apartment units to 370
square feet for Unit #5; 393 square feet for unit II; 545 feet for unit
#7; 588 square feet for Unit #9, and 499 square feet for Unit #10
(Tabled 5115198)
7
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH. FLORIDA
JUNE 2. 1998
Commissioner Denahan presented both items together and presented the following questi/':m to
City Attorney Cherof: These two items were a complicated issue and would like assurances that
future applicants would not have to go through this procedure in the future. Commissioner
Denahan requested from a legal point of view how this type of situation can be averted, but
being assured that the properties would comply with City codes.
Attorney Cherof stated that the specific language Commissioner Denahan is seeking is slated in
the staff recommendations, together with conditions that are attached to both resolutions: Also,
the order itself provides that all further development on the property shall be in accordance with.
the terms and conditions of this order. Also the granting of the variance will not constitute a
waiver of any other code provision.
Vice Mayor Jaskiewicz also stated that she had concerns since "bed and breakfasr is not
defined in the City's Code regulations, how does the City get assurances that the property will
remain a bed and breakfast.
Attorney Cherof stated that the Commission can impose conditions upon variances and can add
under the category "other" that the property be operated as a "bed and breakfast" and that the
Commission can add this language tonight.
Commissioner Denahan inquired if an ordinance to this effect would have to be adopted. City
Attomey Cherof stated that if this Board wished to adopt an ordinance, the applicant would not
be able to conduct business until this Commission approves the Ordinance, which would mean
it would delay the applicant from operating for at least two more Commission meetings until the
ordinance could be approved. .
Motion
Vice Mayor Jaskiewicz made a motion to add under "Additional City Commission Conditions" on
the Conditions of Approval" the following language be added: "That the property be operated
only as a bed and breakfast."
Commissioner Titcomb pointed out that the Applicant has already been approved. However,
Vice Mayor Jaskiewicz stated that the Commission could indude this additional condition.
'-..
Mayor Taylor stated that this issue has been In progress for at least two and one-half years and
this is the first attempt for a bed and breakfast in Boynton Beach and unfortunately the City does
not have a bed and breakfast ordinance. Staff is looking into creating an ordinance. Mayor
Taylor stated that if this condition were made subject to this additional approval, the Applicant
would have to wait even longer to do business.
Vice Mayor Jaskiewicz stated her concern was that the size of the units would accommodate a
bed and breakfast and would not like to see the property at some point become small rental
units. Further, Vice Mayor Jaskiewicz said she was pleased with the project and welcomed the
addition of a bed and breakfast to Boynton Beach.
8
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH. FLORIDA
JUNE 2. 1998
Mayor Taylor further stated he would like to see some kind of language that if the property were
to change ownership, the new owners would have to come back to the Commission for approval
of the bed and breakfast of the property.
City Manager Willis stated this bed and breakfast is actually in the nature of a "pilot program"
since the City does not have an established bed and breakfast ordinance. City Manager Willis
also stated at this point the adoption of a bed and breakfast ordinance may be premature and
the City would like to work with each applicant individually and to enable the appliCant to
become a member of the National Bed and Breakfast Association. .
Discussion continued among the Commission members on whether a variance should apply to
this particular applicant.
Mayor Pro Tem Tillman inquired who assumes the liability. City Manager Willis stated that the
applicant would be fully responsible for liability to conform to the fire-safety codes. This
applicant simply cannot meet the minimum square footage starndards for buildings.tOday.
Attorney Cherof stated that if the Commission approves the variances for this Applicant it would
be grandfathered into the property.
After discussion on the conditional use addition to the variance, Vice Mayor Jaskiewicz withdrew
her motion.
Motion
Commissioner Denahan moved that Items IV.D.1 and IV.D.2 be approved, with staff comments.
Motion seconded by Commissioner Titcomb. Motion carried 5-0.
CONSENT AGENDA PRESENTATION ITEM
IV .F .
Staff recommends a motion to approve the special event request for
Deluca's Showtlme to host a Car and Truck Show In the parking lot June 7,
1998 from 10:00 a.m. to 4:00 p.m. subject to staff comments requiring
adherence to City Ordinances and State Laws.
Commissioner Titcomb stated that he had two concerns with this item. The first was the
possible existence of a code/nuisance abatement situation and secondly, that the City received
a fax letter from Healthy Mothers/Healthy Babies Coalition of Palm Beach County that it is
disavowing any relationship as the designated charity of the event. Commissioner Titcomb
stated that after discussions with the City Attorney, the petitioner might not qualify for approval.
./'
Attorney Cherof stated that the Application is for a special pennit combining a special activity
being requested for the benefit of a charity. Due to the fad that the City has received a letter
from the charity, Healthy Mothers/Healthy Babies, indicating that it is not affiliated with this
9
~.
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 26, 1998
Attorney Pawelczyk administered the oath to all witnesses who would be testifying
during this evening proceedings.
6.
OLD BUSINESS
....
None ~;
7. NEW BUSINESS
A. PUBLIC HEARING
Zoning Code Variance
1.
Project:
Agent:
Location:
Request:
658 Manor Drive (Barbara Bradshaw)
Peter H. Schmidt
658 Manor Drive
Request for variances from the City of Boynton
Beach Land Development Regulations, Chapter 2-
Zoning, Section 5.G.2.a to allow a reduction of the
minimum side yard requirement from 20 feet to
1.6 feet and the minimum rear yard requirement
from 40 feet to 10.7 feet, respectively.
Mr. Dube stated that he had a private conversation with Ms. Barbara Bradshaw prior to
the meeting, which was instituted by Ms. Bradshaw.
Mr. Reed also stated that he was at the location of the Petitioner to certify the yard for
the Cooperative Extension Program of Palm Beach County.
Chairman Wische stated that this Zoning Code Variance was before the Board two
weeks ago and has been reviewed thoroughly and t~9 material again has been
reviewed for tonight's hearing. Chairman Wische stated that staff has only one
comment "all units shall meet all building related codes and regulations".
Peter H. Schmidt, Esquire, 400 S. Dixie Highway, Boca Raton, Florida took the
podium. Mr. Schmidt stated he felt the staff report was prepared very thoroughly and
comprehensively and did not have anything to add. Mr. Schmidt stated he would be
glad to make a formal presentation if requested to do so.
3
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 26,1998
Chairman Wische inquired if staff had anything further to present. Mr. Rumpf replie
staff had nothing to add.
Mr. Schmidt did state that the staff recommendations have changed since the last tirr
the matter appeared before this Board. One of the reasons for the staff change is tho
Ms. Bradshaw and Mr. Schmidt met with Mr. Rumpf in order to provide the City StE
with additional documentation that the City did not have to support the position of t~
petitioner set forth in both matters on the agenda this evening. Based upon tho
presentation to staff, the recommendation has changed substantially.
Chairman Wische requested that Mr. Rumpf update the Board on these changes. M
Rumpf stated these changes were made as a result of re-evaluating some of t~
circumstances. In addition, some, of the information received added to the definition I
"vested status" with respect to its recognition by the County, the Taxing Authority, t~
age of the units and dealing with "historic" property. Aerial photos were utilized'
determine when the individual units were constructed as there is no zoning map (
evidence to determine when the units were actually constructed. Originally more weig
was being given as to when certain changes were made to the property subsequent.
the original construction.
Mr. Friedland stated that he looked at the property and felt that the design fit with t~
neighborhood and requested that he be allowed to make a motion.
Chairman Wische stated that this was a public hearing and that comments from tt
audience must be heard first.
Chairman Wische opened the meeting for public hearing.
Lloyd Powell, 112 North Federal Highway, Boynton Beach took the podium. Mr.
Powell stated that four weeks ago he received notification of the variance and at first
was against granting the variance. Mr. Powell stated that subsequent to the notification.
he went to view the property and is now 100% in favor of granting the variance. .
Since no one else wished to speak, Chairman Wische closed the public hearing.
Motion
Mr. Friedland moved that the request for variance from the City of Boynton Beach Lar
Development Regulations, Chapter 2- Zoning, Section 5.G.2.a. to allow a reduction
the minimum side yard requirement from 20 feet to 1.6 feet and the minimum rear yar
4
MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
MAY 26,1998
requirement from 40 feet to 10.7 feet, respectively, at 658 Manor Drive, subject to staff
conditions, be approved.
Motion seconded by Ms. Frazier. Motion carried 7-0.
2.
Project:
Agent:
Location:
Request:
658 Manor Drive (Barbara Bradshaw)~..
Peter H. Schmidt ..
658 Manor Drive ..,
Request for variances from Chapter 2-Zoning,
Section 5.G.2.a to allow for a reduction of the
minimum 750 square feet of living area for
apartment units to 370 square feet for unit #5; 393
square feet for unit #6; 545 square feet for unit #7;
568 square feet for unit #9; and 499 square feet for
unit #10
Chairman Wische asked Attorney Schmidt to take the podium for the second application
being presented and asked Mr. Rumpf to please state staffs position.
Mr. Rumpf stated that his comments on the previously presented item which changed
from partial approval to complete approval applies to this item as well, Mr. Rumpf
stated these two items were treated together. Mr. Rumpf stated that 89% of the items
remaining on the property are historic items-with respect to code regulations in the City.
Chairman Wische made the following comments:
Chairman Wische stated that the variance requests an overall reduction of 1500 square
feet and stated he arrived at this figure by doing some mathematics.
Chairman Wische referred to Page 12 of the Petition that was a letter from then Building
Official of the City, Don Jaeger informing the owner that the property does not ".amply
with the Code. Chairman Wische also stated that a letter from William Hukill, City
Building Official dated April 21, 1994 informed the owner that the property must be
brought up to code. Also, an additional letter from Christopher Cutro, then Planning and
Zoning Director for the City dated September 22, 1992 informed the owner the property
does not comply. Chairman Wische requested clarification from Mr. Schmidt.
Attorney Schmidt stated that Mrs. Bradshaw purchased the property in 1992 with the
intention of operating an apartment building and was aware of the 1991 letter to Mr.
Limehouse, the former owner of the property. Actually, Attorney Schmidt pointed out
5
MEETING MINUTES
REGULAR CITY COMISSION
BOYNTON BEACH. FLORIDA
MAY 19. 1998
5. Proposed Resolution No. R98-96 Re: Approve and execute an
Interlocal agreement with Palm Beach County for the lease, use and
operation of four Transit Coaches
6. Proposed Resolution No. R98-97 Re: Approve and execute an
Interlocal agreement with the Board of County Commissioners to
participate in a single unified local mitigation strategy to pre-identify and
prioritize hazard mitigation projects
7. Proposed Resolution No. R98-98 Re: Authorizing and directing the
Mayor and City Clerk to execute the following contracts between the City
of Boynton Beach and BellSouth: Purchase of an NEC NEAX2400
PBX, (Piggybacking on South Florida Water Management District Bid for
$457,393.42 with $210,000 down payment and.a three-year lease at
6.14% interest); Telephone Central Office Services (Network Facilities)
(From State of Florida Contract #OMS 97/98-018 and PSC tariff rates for
non contract items in amount of $16,370 installation and $8,475 monthly
for five years); a five-year "Pinpoint 9-1-1. service agreement at $4,180
installation and $288 monthly
Item IV.C.7 removed from the Consent Agenda to the City Manager's Report for presentation
8. Proposed Resolution No. R98-99 Re: Authorizing the Mayor and
City Clerk to execute Phase 2. and Phase 3 options with H.T.E., . Inc.,
providing for software, training, support and conversion services on the
contract previously approved by Resolution. R97-152; authorizing and
directing the Mayor and City Clerk to execute a customer information
system purchase option with H.T.E., Inc., and execution of a contract
addendum for said purchase
9. Proposed Resolution No. R98-100 Re: Approving the final plat for
East Ridge PUD
10. Proposed Resolution No. R98-101 Re: Ratifying the agreement with
the Palm Beach County Police Benevolent Association, Inc. (P.B.A.) for
fiscal year 1997-98
D. Ratification of Planning & Development Board Action:
1. 658 Manor Drive (Barbara Bradshaw) - Variance from LDRs Chapter 2 _
Zoning, Section 5.G.2 to allow a reduction of the minimum side yard
requirement from 20' to 1.6' and the minimum rear yard requirement from
40' to 10.7', respectively
7
MEETING MINUTES
REGULAR CITY COMISSION
BOYNTON BEACH. FLORIDA
MAY 19. 1998
Item IV.D.1 was removed from the Consent Agenda and Tabled
, .
2. 658 Manor Drive (Barbara Bradshaw) .- Variances from Chapter 2 _
Zoning, Section 5.G.2.a to allow for a reduction of the required minimum
750 square feet of living area for apartment units to 370 square feet for
Unit #5; 568 square feet for Unit #9, and 499 square feet for Unit #10
Item IV.D.2 was removed from the Consent Agenda and Tabled
3. Riverwalk Plaza (Lee Starkey) 1606 South Federal Highway - Variance
from the LORs, Chapter 2 - Zoning, Section 4.L - Buffer Walls, to allow a
6' high chain linked fence along the south property line in lieu of the
required 5' high concrete block buffer wall to separate the Riverwalk
Plaza from the abutting residential district
Item IV.D.3 was removed from the Consent Agenda and Tabl~
4. Packaging Concepts (Thomas J. Willi) - 4925 Park Ridge Boulevard
(Packaging Concepts at Quantum Park PIO) - Variance from the LORs,
Chapter 2 - Zoning, Section 7 -Planned Industrial Development, H.16, to
reduce the required rear setback from 30' to 13' to allow installation of an
aluminum pan roof over existing ground-mounted mechanical equipment.
5. Benvenuto's Restaurant (Jean-Phillippe Gaudree) 1730 North Federal
Highway - Variance from the LORs, Chapter 23 - Article II, Section 1.1. to
allow the existing parking area with 24' wide access aisles and 24' back-
up area to be exempt from the aJrrent standard of 27' in connection with
an addition to the existing restaurant The existing parking area to be
covered by the variance will be used exclusively for valet parking.
6. Caretenders at Newport Place (Robert Kuoppala) - 4745 NW"" Court,
Lantana, Florida 33462 - Modification to the master plan for Newport
Place PUD to replace medical office use with an adult day care center to
consist of a maximum of 70 guests and 12 staff within the existing 6,300
square foot building.
7. Whitfield Interiors - Quantum Park PID (Nicole Swift, Butters Construction
and Development) - immediately west of 1-95, north and souttl of
Gateway Boulevard - Use approval to add manufacturing, fabrication and
assembly of furniture to the Quantum Park PID list of pennitted uses for
all parcels with an industrial master plan designation.
8. Robert A. LaLane II, DMD (Michael Corbett) - 2521 South Federal
Highway - Site plan approval to construct a 3,648 square foot dental
office with associated landscaping and parking.
8
MEETING MINUTES
REGULAR CITY COMISSION
BOYNTON BEACH. FLORIDA
MAY 19. 1998
E. Approval of Bills
F. Approval of Housing Rehabilitation Case No. 297002lNathaniel and Joetta
Morgan in the amount of $26,092.50. This amount indudes the leveraging of
State of Florida Housing Initiative Program funding of $10,000 and City Home
Improvement funding of $16,092.50
Item IV.F was removed from the Consent Agenda for presentation
G. Authorize the Public Works Department to implement a citywide rollout garbage
cart program, and to automate garbage collection services. Authorize the sole
source purchase of the first automated garbage colledion vehide (Heil Starr
System)
H. Authorize application for a grant from the U. S. Department of Housing and
Urban Development (HUD), Office of Lead Hazard Control. This is part of the
"Lead-Based Paint Hazard Control in Privately-Owned Housing Grant Program".
I. Approve distribution of $719,952 of the State Fiscal Year 1999 federally funded
Drug Control and System Improvement (OCSI) Fonnula Grant Program
Item IV.I. was removed from Consent Agenda for discussion
J. Approve the special event request from Pete Rose Ballpark Cafe to host another
Classic Car and Truck Show on Sunday , June 14, 1998 in the parking lot of the
Holiday Inn at Catalina Centre subject to staff comments and requiring
adherence to City Ordinances and State laws
Motion
Commissioner Titcomb moved to approve the Consent Agenda with the exceptions of Items IV-
C.1, IV-C.4, IV-C.7, 0-1, 0-2, 0-3, F and I. Mayor Pro Tem Tillman seconded the motion.
Motion carried 5-0.
CONSENT AGENDA DISCUSSiON iTEM:
iV. F. Approval of Housing Rehabilitation Case No. 297002lNathanlei and Joetta
Morgan In the amount of $26,092.50. This amount Includes the leveraging
of State of Florida Housing initiative Program funding of $10,000 and City
Home improvement funding of $16,092.50
Commissioner Denahan asked Ms. Octavia Sherrod to take the podium. Commissioner
Denahan stated that Boynton Beach isn't just working with developers, but also assisting the
9
MEETING MINUTES
PLANNING AND DEVELOPMENT BOARD
BOYNTON BEACH. FLORIDA
4. APPROVAL OF MINUTES
MAY 12.1998
Mr. Reed moved that the minutes of the April 28, 1998 meeting be approved. Mr. Dube
seconded the motion and carried 7-0.
5. COMMUNICATIONS AND ANNOUNCEMENTS
A. PLANNING AND ZONING REPORT (Tambri Heyden, Planning and
Zoning Director)
Ms. Heyden stated that late this afternoon her office received a request for
a two-week postponement until May 26, 1998 of the public hearings for
Barbara Bradshaw Zoning Code Variance for the two items on tonight's
agenda. (Item 7A.1 and 7A.2)
Motion
Mr. Dube moved that the public hearing on the Zoning Code Variance from the City of
Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 5.G.2.a
(rear and side yard setback) and Request for Variances from Chapter 2 - Zoning,
Section 5.G.2.a (dwelling size) in the matter of 658 Manor Drive (Barbara Bradshaw)
be tabled until the May 26, 1998 Meeting. Motion seconded by Mr. Reed and carried
7-0.
A. Ms. Heyden stated that at the last Planning and Development Board
meeting there were two items on the Agenda relating to Benvenuto's
Restaurant, one was for abandonment of a special purpose easement
and the other was the gate elevations to be referred back for design
review. Ms. Heyden stated that at the last City Commission meeting both
items were approved.
B. Ms. Heyden also stated that there were two items that had been tabled at
the last City Commission meeting that were before this Board at the April
14, 1998 meeting. Those matters were the Hills at Lake Eden PUD
rezoning and the Palm Walk ACLF conditional use application.
With respect to the Palm Walk ACLF application the City Commission
requested that the Applicant relocate the kitchen area and the Dumpster
that was in the front of the property. Ms. Heyden stated that the Applicant
did relocate the kitchen area and Dumpster and the City Commission was
satisfied with the new location. There are two buildings on that property.
2
-- ..,,--_._..._.,~.-._~------"'--'-'- -_.__._------,_._----------~--_._---
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~211998
NOTICE OF PUBLIC HEARIN
PLANNING AND
ZONING OEPl
NOTICE IS HEREBY GIVEN that the following applications have made to the PLANNING AND
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for variances as indicated,
under and pursuant to the provisions of the zoning code of said City:
Case #250
Variance
Requested:
Request for variances from Chapter 2 - Zoning, Section 5.G.2.a, to allow an 18.4
foot reduction from the required 20 foot side yard setback to 1.6 feet and a 29.3 foot
reduction from the required 40 foot rear yard setback to 10.7 feet.
Case #251
Variance
Requested:
Request for variances from Chapter 2 - Zoning, Section 5.G.2.a, to allow for a
reduction of the required minimum 750 square feet of living area for apartment units
to 370 square feet for unit #5; 393 square feet for unit #6; 545 square feet for unit #7;
568 square feet for unit #9; and 499 square feet for unit #10.
Owner:
Barbara Bradshaw
Location:
658 Manor Drive
Legal Description: PARCEL 1
A tract of land Lying in Government Lot 3 of Section 22, Township 45 S., Range 43
E, in the Town of Boynton Beach, Palm Beach County, Florida, being more
particularly described as follows:
COMMENCING at the Northwest corner of the South 370.00 feet of Government Lot
3; thence with a bearing of S. 8go22'01" E, along the North line of the
aforementioned South 370 feet of Government Lot 3, said line being also the South
line of Wilms Way SID as recorded in Plat Book 23, Page 110. of the Public Records
of "Palm Beach County, Florida, a distance of 601.68 feet to a point; thence with a
bearing of N. 0037'59" E., a distance of 34.41 feet to a point; thence with a bearing of
S. 89022'01" E., along a line, lying 34.41 feet North and parallel to the North line of
the aforesaid South 370 feet of Government Lot 3, a distance of 69.58 feet to a point;
said point being the Point of Beginning; thence continue along the aforementioned
course, a di~tance of 124.31 feet to a point; thence with a bearing of E. 0037'59" W.,
a distance of 144.41 feet to a point; thence with a bearing of N. 89022'01" W., a
distance of 124.31 feet to a point; thence with a bearing of N. 0037'59" E, a distance
of 144.41 feet more or less to the Point of Beginning.
Containing 0.412 Acres more or less, and subject to a 35.00 feet wide easement for
road purposes on the South, and subject to another easements and rights-of-way of
record.
r ~.CEL 2
A tract of land lying in Government Lot 3, of Section 22, Township 45 S., Range 43
E., in the Town of Boynton Beach, Palm Beach County, Florida, being more
particularly described as follows:
COMMENCING at the Northwest corner of the South 370 feet of Government Lot 3;
thence with a bearing of S. 89022'01" E, along the North line of the aforementioned
South 370.00 feet of Government Lot 3, said line being also the South line of Wilms
Way SID as recorded in Plat Book 23, Page 110, of the Public Records of Palm
Beach County, Florida, a distance of 575.57 feet to a point, said point being the Point
of Beginning; thence continue along the aforementioned course, a distance of 26.11
feet to a point; thence with a bearing of N. 0037'59" E, a distance of 34.41 feet to a
point; thence with a bearing of S. 89022'01" E, along a line lying 34.41 feet North of
and parallel to the aforesaid North line, a distance of 69.58 feet to a point; thence
with a bearing of S. 0037'59" W., a distance of 144.41 feet to a point; thence with a
bearing of N. 89022'01" W., a distance of 95.69 feet to a point; thence with a bearing
of N. 0037'59" E, a distance of 110.00 feet more or less to the Point of Beginning.
Containing 0.297 Acres more or less, and subject to a 35.00 foot wide easement for
road purposes on the South, and subject to other easements and rights-of-way of
record.
Proposed Use:
Conversion of a single family home into an apartment building
A PUBLIC HEARING BEFORE THE Planning and Development Board will be held relative to the above
applications at City Hall, Commission Chambers, 100 E Boynton Beach Boulevard, Boynton Beach,
Florida, on Tuesday, May 12, 1998, at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any
written comments prior to the hearing date. 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 proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH:
The Palm Beach Post
April 27, 1998
J:ISHRDA TAIPlonningISHAREDIWPlPROJECTS\6S1 M80r Dr. B.BI'IdIhaw\ZNCV 9I-004\1ega1not12.cIoc
MEETING MINUTES
PLANNING It DEVELOPMENT BOARD
BOYNTON BEACH, FLORIDA
JUNE 9, 1998
. Approved the Bradshaw variances with some discussion but no alteration of the
conditions of approval.
. Riverwalk Plaza remains on the table. This application was originally tabled for 30 days
at the City Commission level.
. Approved Boynton Commerce Center; PID major site plan modification and the new site
plan with no discussion. .
. Approved the Hamptons of Boynton Beach project with no discussion. The Hamptons
site plan was approved with no changes to staff comments.
. Approved Barrera Land Use Amendment/Rezoning/ Annexation and will move forward to
the Ordinance stage.
. Approved Stor-AII Comprehensive Plan Text Amendment including the addition to Policy
116.1to modify the definition of Office/Commercial land use classification to include the
new concept proposed by the applicant. This item will move forward to DCA for review
at the State level.
Mr. Rumpf further reported that additional information was requested regarding the Development
Award Program. No progress has been made on that program. However, Mr. Rumpf located the
Ordinance regarding this program. There is a deadline of October/November. He spoke with the
Director of Development about this program and it is believed that the deadline can be met. A
concept of program details will be brought fqrward with respect to program details at a future
meeting.
With respect to the issue of landscaping and signs, Mr. Rumpf reported that Ms. Heyden was
formalizing recommendations to the Commission and they have referred this to a task force.
Mr. Dube thanked Mr. Rumpf for his quick response on the LOR and zoning maps.
6. OLD BUSINESS:
None
7. NEW BUSINESS:
A. PUBUC HEARING
Code Review
Location:
Self Storage mdlities (tabled at 5/26/98 meeting)
William Morris
Kilday and Associates, Inc.
N/A
1.
Project:
Agent: .
2
DEVELOPMENT DEPARTMENT
MEMORANDUM No. PZ 98-082
TO:
Sue Kruse
City Clerk
-;<Y~.
Tambri J. Heyden, AICP' ~
Planning and Zoning Director
FROM:
DATE:
April 17, 1998
RE:
658 Manor Drive (Barbara Bradshaw)
Case No. 250
File No. ZNCV 98-003 (setback requirements) and
Case No. 251
File No. ZNCV 98-004 (minimum living area - apartments)
An inadvertent error was made in preparing the first version of the ad for ZNVC 98-004 and
therefore must be corrected through a new ad. Since both above-referenced requests are
being processed simultaneously for the same property, we have combined them into a
single ad.
This ad is simultaneously being circulated to the City Attorney for review and will be
forwarded to you once approved. The requested variances are scheduled for the May 12,
1998 Planning and Development Board public hearing and May 19, 1998 City Commission
public hearing.
T JH:bme
xc: Central File
Attachments
J:ISHRDA TAIPLANNINGISHAREDIWPlPROJECTSIBarbara BradshawVZNCV98-004ILEGALNOT.DOC
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice
or Legal Advertisement published and must be submitted to the Office of the City Attorney
two working days prior to the newspaper's ad submittal deadline.
ORIGINATOR: Plannina and Zonina Division
PREPARED BY: Michael Rumpf
DATE PREPARED:
April 17. 1998
BRIEF DESCRIPTION OF NOTICE OR AD: 658 Manor Drive Zonina Code Variances to
reduce the reauired minimum livina area for apartment unit 5 - to 370 sauare feet,
apartment unit 6 _ to 393 sauare feet. apartment unit 7 - to 545 sauare feet. apartment unit 9
_ to 568 sauare feet and apartment unit 10 - to 499 sauare feet from the reauired 750 sauare
feet per unit: and to reduce side yard setback to 1.6 feet from the reauired 20 feet and
reduce the rear yard setback to 10.7 feet from the reauired 40 feet.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
Standard Leaal Ad for Plannina and Development Board Meetina on May 12. 1998 at 7:00
p.m.
SEND COPIES OF AD TO: Newspaper (4/24/98), applicant and Director of Plannina and
Zonina.
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: April 27. 1998
LAST DATE TO FAX TO NEWSPAPER: April 24. 1998
APPROVEDHBY: (
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/ .1 ,-I, .
(1) r:--; /'--r?1../..)-,.-zr ',) lJL L I/(ji~_
(Oriifinator) 1// - ,~/
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(Date) / . / ...../
(2)
(City Attorney)
RECEIVED BY CITY CLERK:
(Date)
COMPLETED:
J:\SHRDA T A\PLANNING\SHARED\WP\PROJECTS\Barbara Bradshaw\ZNCV9B-004\LEGALNOT.DOC
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following applications have made to the PLANNING AND
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for variances as indicated,
under and pursuant to the provisions of the zoning code of said City:
Case #250
Variance
Requested:
Request for variances from Chapter 2 - Zoning, Section 5.G.2.a, to allow an 18.4
foot reduction from the required 20 foot side yard setback to 1.6 feet and a 29.3 foot
reduction from the required 40 foot rear yard setback to 10.7 feet.
Case #251
Variance
Requested:
Request for variances from Chapter 2 - Zoning, Section 5.G.2.a, to allow for a
reduction of the required minimum 750 square feet of living area for apartment units
to 370 square feet for unit #5; 393 square feet for unit #6; 545 square feet for unit #7;
568 square feet for unit #9; and 499 square feet for unit #10.
Owner:
Barbara Bradshaw
Location:
658 Manor Drive
Legal Description:
PARCEL 1
A tract of land Lying in Government Lot 3 of Section 22, Township 45 S., Range 43
E., in the Town of Boynton Beach, Palm Beach County, Florida, being more
particularly described as follows:
COMMENCING at the Northwest corner of the South 370.00 feet of Government Lot
3; thence with a bearing of S. 89022'01" E., along the North line of the
aforementioned South 370 feet of Government Lot 3, said line being also the South
line of Wilms Way SID as recorded in Plat Book 23, Page 110, of the Public Records
of Palm Beach County, Florida, a distance of 601.68 feet to a point; thence with a
bearing of N. 0037'59" E., a distance of 34.41 feet to a point; thence with a bearing of
S. 89022'01" E., along a line, lying 34.41 feet North and parallel to the North line of
the aforesaid South 370 feet of Government Lot 3, a distance of 69.58 feet to a point;
said point being the Point of Beginning; thence continue along the aforementioned
course, a distance of 124.31 feet to a point; thence with a bearing of S. 0037'59" W.,
a distance of 144.41 feet to a point; thence with a bearing of N. 89022'01" W., a
distance of 124.31 feet to a point; thence with a bearing of N. 0037'59" E., a distance
of 144.41 feet more or less to the Point of Beginning.
Containing 0.412 Acres more or less, and subject to a 35.00 feet wide easement for
road purposes on the South, and subject to another easements and rights-of-way of
record.
PARCEL 2
A tract of land lying in Government Lot 3, of Section 22, Township 45 S., Range 43
E, in the Town of Boynton Beach, Palm Beach County, Florida, being more
particularly described as follows:
COMMENCING at the Northwest corner of the South 370 feet of Government Lot 3;
thence with a bearing of S. 89022'01" E, along the North line of the aforementioned
South 370.00 feet of Government Lot 3, said line being also the South line of Wilms
Way SID as recorded in Plat Book 23, Page 110, of the Public Records of Palm
Beach County, Florida, a distance of 575.57 feet to a point, said point being the Point
of Beginning; thence continue along the aforementioned course, a distance of 26.11
feet to a point; thence with a bearing of N. 0037'59" E, a distance of 34.41 feet to a
point; thence with a bearing of S. 89022'01" E, along a line lying 34.41 feet North of
and parallel to the aforesaid North line, a distance of 69.58 feet to a point; thence
with a bearing of S. 0037'59" W., a distance of 144.41 feet to a point; thence with a
bearing of N. 89022'01" W., a distance of 95.69 feet to a point; thence with a bearing
of N. 0037'59" E, a distance of 110.00 feet more or less to the Point of Beginning.
Containing 0.297 Acres more or less, and subject to a 35.00 foot wide easement for
road purposes on the South, and subject to other easements and rights-of-way of
record.
Proposed Use:
Conversion of a single family home into an apartment building
A PUBLIC HEARING BEFORE THE Planning and Development Board will be held relative to the above
applications at City Hall, Commission Chambers, 100 E Boynton Beach Boulevard, Boynton Beach,
Florida, on Tuesday, May 12, 1998, at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any
written comments prior to the hearing date. 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 proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH:
The Palm Beach Post
April 27, 1998
J:ISHRDA T AIPlanninglSHAREDIWPIPROJECTSI658 Manor Dr - B.Bradshaw\ZNCV 98-004llegalnot#2.doc
IJEVELOPMENT DEPARTMENT
MEMORANDUM No. PZ 98-081
TO:
FROM:
Sue Kruse
City Clerk ~
Tambri J. Heyden, AICP 'J.(J ~
Planning and Zoning Director
DATE:
March 23, 1998
RE:
658 Manor Drive (Barbara Bradshaw)
Case No. 250
File No. ZNCV 98-003 (side and rear yard setbacks)
Accompanying this memorandum you will find an application and supporting
documentation for the above-referenced case. A check in the amount of $400 to cover
the review and processing of the application request to vary the zoning code has been
forwarded to the Finance Department.
A legal advertisement for this request will be forwarded to your office after review by
the City Attorney. The requested variance is scheduled for the April 14, 1998 Planning
and Development Board Public Hearing.
TJH:bme
xc: Central File
Attachments
J:ISHRDA TAIPLANNINGISHARED\WPlPROJECTS\Barbara BradshawVZNCV98-OO3\LEGALNOT.DOC
kEQUEST FOR PUBLISHING
LEGAL NOTICES ANDIOR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the
City Attorney two working days prior to the newspaper's ad submittal deadline.
ORIGINATOR: Planning and Zoning Division
PREPARED BY: Daniel DeCarlo
DATE PREPARED:
March 23. 1998
BRIEF DESCRIPTION OF NOTICE OR AD: 658 Manor Drive Zoning Code Variance to
reduce the reauired side yard setback 18.4 feet to 1.6 feet from the reauired 20 feet
and to reduce the rear yard setback 29.3 feet to 10.7 feet from the reauired 40 feet.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
Standard Legal Ad for Planning and Development Board Meetina on April 14. 1998 at
7:00 p.m.
SEND COPIES OF AD TO: Newspaper (3/27/98). applicant and Director of Planning
and Zoning.
NEWSPAPER(S) TO PUBLISH: The Post
DA TE(S) TO BE PUBLISHED: March 30, 1998
LAST DATE TO FAX TO NEWSPAPER: March 27.1998
A~VED BY: " ,
(1)~~~~1
(Originator) ( /~
sj"lr&
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J :\SHRDA T A\PLANNING\SHARED\WP\PROJECTS\Barbara Bradshaw\ZNCV98-003\LEGALNOT.DOC
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the PLANNING
AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a
variance as indicated, under and pursuant to the provisions of the zoning code of said City:
Case #250
Owner:
Barbara Bradshaw
Variance
Requested:
Request for variances from Chapter 2 - Zoning, Section 5.G.2.a,
to allow an 18.4 foot reduction from the required 20 foot side yard
setback to 1.6 feet and a 29.3 foot reduction from the required 40
foot rear yard setback to 10.7 feet.
Location:
658 Manor Drive
Legal Description: PARCEL 1
A tract of land lying in Government Lot 3 of Section 22, Township 45 S.,
Range 43 E., in the Town of Boynton Beach, Palm Beach County,
Florida, being more particularly described as follows:
COMMENCING at the Northwest corner of the South 370 feet of
Government Lot 3; thence with a bearing of S. 89022'01" E., along the
North line of the aforementioned South 370 feet of Government Lot 3,
said line being also the South line of Wilms Way SID as recorded in Plat
Book 23, Page 110, of the Public Records of Palm Beach County,
Florida, a distance of 601.68 feet to a point; thence with a bearing of N.
0037'59" E., a distance of 34.41 feet to a point; thence with a bearing of
S. 89022'01" E., along a line, lying 34.41 feet North and parallel to the
North line of the aforesaid South 370 feet of Government Lot 3, a
distance of 69.58 feet to a point; said point being the Point of Beginning;
thence continue along the aforementioned course, a distance of 124.31
feet to a point; thence with a bearing of S. 0037'59" W., a distance of
144.41 feet to a point; thence with a bearing of N. 89022'01" W., a
distance of 124.31 feet to a point; thence with a bearing of N. 0037'59"
E., a distance of 144.41 feet more or less to the Point of Beginning.
Containing 0.412 Acres more or less, and subject to a 35.00 feet wide
easement for road purposes on the South, and subject to other
easements and rights-of-way of record.
PARCEL 2
A tract of land lying in government Lot 3, of Section 22, Township 45 S.,
Range 43 E., in the Town of Boynton Beach, Palm Beach County,
Florida, being more particularly described as follows:
Page 2
658 Manor Drive (Barbara Bradshaw)
File No. ZNCV 98-003
Case No. 250
COMMENCING at the Northwest corner of the South 370.00 feet of
Government Lot 3; thence with a bearing of S. 89022'01" E., along the
North line of the aforementioned South 370.00 feet of Government Lot
3, said line being also the South line of Wilms Way SID as recorded in
Plat Book 23, Page 110, of the Public Records of Palm Beach County,
Florida, a distance of 575.57 feet to a point, said point being the Point of
Beginning; thence continue along the aforementioned course, a
distance of 26.11 feet to a point; thence with a bearing of N. 0037'59" E.,
a distance of 34.41 feet to a point; thence with a bearing of S. 89022'01"
E., along a line lying 34.41 feet North of and parallel to the aforesaid
North line, a distance of 69.58 feet to a point; thence with a bearing of
S. 0037'59" W., a distance of 144.41 feet to a point; thence with a
bearing of N. 89022'01" W., a distance of 95.69 feet to a point; thence
with a bearing of N. 0037'59" E., a distance of 110.00 feet more or less
to the Point of Beginning.
Containing 0.297 Acres more or less, and subject to a 35.00 foot wide
easement for road purposes on the South, and subject to other
easements and rights-of-way of record.
Proposed Use:
Conversion of a single family home to an apartment building
A PUBLIC HEARING BEFORE THE Planning and Development Board will be held relative to the
above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton
Beach, Florida, on Tuesday, April 14, 1998, at 7:00 P.M.
All interested parties are notified to appear at said hearing in person or by attorney and be heard or
. file any written comments prior to the hearing date. 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 proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260 .
PUBLISH:
The Palm Beach Post
March 30, 1998
J :ISHRDA T A IPLANNJNGISHAREDI WPIPROJECTSIBarbara BradshawIZNCV98-003\Lglnotice.doc
-tLc 'f ~J~k i'~r V'6-r; ~et. -? v
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CITY OF BOYNTON BEACH
MEMORANDUM
PLANNING AND
ZONING DEPT.
RE:
Tambri J. Heyden, Planning and Zoning Directo!
Michael J. Pawelczyk, Assistant City Attorney ro/t
Zoning Code Variance
Applicant: Barbara Bradshaw
TO.
FROM:
DATE:
April 9, 1998
This is in response to Department of Development Memorandum No. PZ 98-092 dated March
26, 1998. In said memorandum, you asked whether the content of the justification statements
provided by the applicant impacts the city's ability to deny the variances. This is a decision that
the Planning and Development Board and the City Commission will have to make in evaluating
the evidence presented to determine whether or not the variance is justified. Should you have
any questions, please do not hesitate to contact me.
ca\depts\planning\Bradshaw variance memo 1
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-092
TO:
Michael Pawelczyk
Assistant City Attorney
Tambri J. Heyden, AICP 18 i.1 ~
Planning and Zoning Director
FROM:
DATE:
March 26, 1998
SUBJECT:
Barbara Bradshaw - Zoning code variance justification statements
A copy of the Barbara Bradshaw's zoning code variance justification statements is attached for
your information due to the legal positions her attorney is making. Please advise, if necessary, if
this impacts the city's ability to deny the variances.
TJH:dim
Attachments
J:\SHRDA T AIPLANNINGlSHAREDlWPIPROJECTSIBARBARA BRADSHA W\ZNCV MEMO - LEGAL.DOC
STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS,
AND/OP. REASON~ JUSTIFYING THE REQUESTED VARIANCE
A. The special conditions and circumstances which are peculiar to
the land, structure, and/or buildings included and which are
not a~~licable to other lands, structures, plus buildings in
the same zoning district are:
On or about March 8, 1993, a proposed Site Plan was
submitted to the City of Boynton Beach ("City") for the
renovation and improvement of the subject property. Due to a
liUILLdtion of funds, Applicant, Barbara R. Bradshaw, was not
in d position to build out all of the proposed renovations and
improvements as set forth in the original proposed Site Plan.
As a result, and at the request of staff, the Site Plan wa~
revispr} to reflect the project into TWO (2) phases (i. e. ,
Phase 1 and Phase 2).
At that tlJ11e staff required that a
Unity of Title be recorded relative to the subject property.
In addition, staff required that all of the proposed parking
for both Phase 1 and Phase 2 [consisting of parking to meet
the requirements for TEN (10) dwelling units] had to be built
.
out as part of the renovation/improvement of Phase 1.
All
such additional required parking has been added. The Appli-
cant further improved the parking area during the Phase I
renovation and improvements by the installation of a full and
complete drainage system.
Also, the City required the
Applicant to install street lights on Manor Drive, which is a
private street (i.e., easement), which have been installed.
- 1 -
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After reviewing the original Site Plan (with staff, Barbara R.
Bradshaw, and her architect, George C. Davis), the Site Plan
(as to Phase 1 and Phase 2) was modified in accordance with
the requirements of staff, and Permit Number 93-0432 was
issued on February 4, 1993. At no time during the application
and approval process for the issuance of a Building Permit for
Phase 1 did )taff raise any concerns or address any issues
relative to rear and side yard setbacks or the minimum square
footage of the dwelling units on the subject property.
All renovations and improvements [other than parking (for
both Phase 1 and Phase 2), landscaping, and pool] were made to
the interior of the existing structures in Phase 1. On June
13, 1993, a Certificate of Occupancy was issued for Phase 1.
All presently existing buildings on the subject prop-
erty were in existence in December, 1992 when the applicant
purchased the subject property.
existing
The presently
buildings on the subject property were built between approxi-
mately 1952 and 1969 by J. Willard Pipes (a former Mayor of
the City) who was a previous owner of the subject property.
..
The subject property has been continuously occupied on a
constant and uninterrupted basis since 1952.
Since its
purchase in December, 1992, no one other than the Applicant
has occupied any of the structures located on the subject
property which is included in Phase 2.
In reliance upon the approval of the original Site Plan,
on or about July 10, 1995, Applicant, Barbara R. Bradshaw,
- 2 -
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tJ~i;..t~> I; ~i ;\ f~ ~l t. t J j
submitted to the City a Site Plan for the Phase 2 renovation
and improvement of the subject property. All renovations and
improvements are to be made only to the interior of the
existing structures in Phase 2. The Applicant, Barbara R.
Bradshaw, will not increase the size of the existing struc-
tures in the renovations and improvements of Phase 2.
.
- 3 -
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il
B. The special conditions and circumstances do not result from
the actions of the Applicant.
In S2cember, 1992, the Applicant purchased the subject
property.
All presently existing buildings on the subject
property were 1n existence in December, 1992 when the
Applicant purchased the subject property.
The presently
existing buildin9~ on the subject property were built between
approximately 1952 ~nd 1969 by J. Willard Pipes (a former
Mayor of the City) who was a previous owner of the subject
property. The subject property has been continuously occupied
on a constant and uninterrupted basis since 1952. Since its
purchase in December, 1992, no one other than tre Applicant
has occupied any of the structures located on the subject
property which is included in Phase 2.
The Site Plan approved in 1993 required that a Unity of
Title be recorded relative to the subject property. In
addition, staff required that all of the proposed parking for
both Phase 1 and Phase 2 [consisting of parking to meet the
requirements for TEN (10) dwelling units] had to be built out
.
as a part of the renovation/improvement of Phase 1. All such
additional parking has been added.
The Applicant further
improved the parking area during the Phase 1 renovation and
improvements by the installation of a full and complete
drainage system.
Also, the City required the Applicant to
install street lights on Manor Drive, which is a private
street (i.e., easement), which have been installed.
- 1 -
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C. 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.
The granting of the Variance will not confer any special
privilege on the Applicant since all of the presently existing
buildings (in Phase 2) on the subject property were built by
the prior owners in accordance with the then ordinances and
requirements of the city. There are no building plans on file
with the City as to what was built on the subject property in
approximately 1952.
Prior to 1955 the City did not issue
Building Permits. Additions and improvements made after 1955
were made pursuant to Building Permits issued by the City. In
fact, for most of the Lake Addition Section of the City no
building plans exist.
The most reliable documentation
consists of "sketch" type drawings (without any detail) on old
tax records of the city. Many such records and building plans
may have been destroyed in the fire (many years ago) at City
Hall or they are simply missing from the microfilm records of
the City. As an example, no building permit exists for the 6-
..
unit, 2-story, apartment building located at 611 Northeast
Tenth Avenue in the City. Neither the rear yard nor the side
yard setbacks of that apartment building meet today's require-
ments fur R-3 zoning. In addition, the square footage of the
dwelling units in that apartment building are between approxi-
mately 354 to 600 square feet.
That property has had an
- 1 -
";7'-:}"',
,1- '
occupational license to operate as an apartment building since
approximately 1987.
.
- 2 -
D. A literal interpretation of the provisions of this Chapter
would deprive the Applicant of rights commonly enjoyed by
other vroperties in the same zoning district under the terms
of the ordinance and would work unnecessary and undue hardship
on the Applicant.
Other properties 'n the same R-3 zoning (sue information
relative to 611 Northeast Tenth Avenue in Item C) have been
allowed to be renovated and improved when they did not meet
either rear or side yard setbacks and minimum square footage
requirements for a dwelling unit. The Applicant has invested
substantial amounts of both time and money in Phase 1 and
Pha:...;e 2 and uas been led to believe by staff that Phase 2
would merely be an extension of Phase 1. This is especially
the case since the Applicant has built out all of th~ required
parking spaces for both Phase 1 and Pha~e 2 as well as
installing additional street lights Ou Manor Drive; plus the
installation of a full and complete drainage system for the
parking area.
.
- 1 -
l' ,. '\ J ,
E. The V.J.riance -jranted is the minimum' Variance that will make
possible the reasonable use of the land, building, or struc-
ture.
'rhe presently existing buildings on the subject property
were built between approximately 1952 and 1969 by J. Willard
Pipes (a former Mayor of the City) who was a previous owner of
the subject property. Since then the size of the structures
has not been increased.
Further, the Applicant will not
increase the size of the existing structures in the renova-
tions and improvemen~~ of Phase 2.
Additional parking anu
street lighting for Phase 2 have been added and installed as
required by staff for the Phase 1 renovations and improve-
ments, as well as a full and complete drainage system for the
parking area.
.
- 1 -
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F. The granting of the Variance will be in harmony with the
general intent and purpose of this Chapter and that such
Variance r,1i 11 not be injurious to the area involved or
otherwise detrimental to the public welfare.
The presently existing structures on the subject property
have existed since between approximately 1952 and 1969. The
proposeri renovation and improvements of Phase 2 will not
increase the square footage of any presently existing struc-
tures.
..
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STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS,
AND/OR REASONS JUSTIFYING THE REQUESTED VARIANCE
A. The special conditions and circumstances which are peculiar to
the land, structure, and/or buildings included and which are
not applicable to other lands, structures, plus buildings in
the same zoning district are:
SiL'e prior to the sale of the subject property in 1978
by J. Willard Pipes and Jean R. Pipes, his wife, through
November, 1992, and until the purchase of the subject property
by Applicant in December, 1992 Lhe subject property (including
Phase 1 and Phase 2) has been commonly known as, referred to
as, and operated as Park Shore Manor Apartments.
On or about March 8, 1993, a proposed Site Plan was
submitted to the City of Boynton Beach ("City") for the
renovation and impruvement of the subject property. Due to a
limitation of funds, Applicant, Barbara R. Bradshaw, was not
in a position to build out all of the proposed renovations and
improvements as set forth in the original proposed Site Plan.
As a result, and at the request of staff, the Site Plan was
. revised to reflect the project into TWO (2) phases (i. e. ,
Phase 1 and Phase 2).
At that time staff required that a
Unity of Title be recorded relative to the subject property.
In addition, staff required that all of the proposed parking
for both Phase 1 and Phase 2 [consisting of parking to meet
the requirements for TEN (10) dwelling units] had to be built
out as part of the renovation and improvement of Phase 1. All
- 1 -
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such additional required parking has been added. The Appli-
cant further improved the parking area during the phase 1
renovation and improvements by the installation of a full and
complete drainage system. Also, the City required the
Applicant to install street lights o~ Manor Drive, which 1S a
private street (i.e., easement), which have been installed.
After reviewing the original Site Plan (with staff, Barbara R.
Bradshaw, and her architect, George C. Davis), the Site Plan
ldS to Phase 1 and Phase 2) was modified in aGGordance with
the requirements of staff, and Permit Number 93-0432 was
issued on February 4, 1993. At no time during the application
and approval process for the issuance of a Building Permit for
Phase 1 did staff raise any concerns or address any issues
relative to rear and side yard setbacks or Lhe minimum square
footage of the dwelling units on the subject property.
All renovations and improvements [other than parking (for
both Phase 1 and Phase 2), landsc0ping, and pool] were made to
the interior of the e~~isting structures in Phase 1. On June
13, 1993, a Certificate of Occupancy was issued for Phase 1.
.
All presently existing buildings on the subject property
were in existence in December, 1992 when the applicant
purchased the subject property. The presently existing
buildings on the subject property were built between approxi-
mately 1952 and 1969 by J. Willard Pipes (a former Mayor of
the City) who was a previous owner of the subject property.
The subject property has been continuously occupied on a
- 2 -
constant and uninterrupted basis since 1952.
Since its
purchase in December, 1992, no one other than the Applicant
has occupied any of the structures located on the subject
property which is included in Phase 2.
In reliance upon the approval of the original Site Plan,
on or about July 10, 1995, Applicant, Barbara R. Bradshaw,
submitte,j to the City a Site Plan for the Phase 2 renovation
and improvement of the subject property. All renovations and
improvements are to be made only to the interior of the
existing structures in Phase 2.
The Applicant, Barbara R.
Bradshaw, will not increase the size of the existing struc-
tures in the renovations and improvements of Phase 2.
.
- 3 -
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B. The special conditions and circumstances do not result from
th(~ actions of the Applicant.
Since prior to the sale of the subject property in 1978
by J. Willa.rd Pipes and Jean R. Pipes, his wife, through
November, 1992, and until the pu"chase of the subject property
by Appll~~nt in Decemher, 1992 the subject property (including
Pl1dse 1 and Phase 2) has been commonly known as, referred to
as, and operated as ~ark Shore Manor Apartments.
In December, 1992, the Applicant purchased the subject
property.
All presently existing buildin.,s on the subject
property were in existence in December, 1992 when the Appli-
cant purchased 1.:he subject property. The presently existing
buildings on the subject property were built between approxi-
mately 1952 and 1969 by J. Willard Pipes (a former Mayor of
the City) who was a previous owner of the subject property.
The subject property has been continuously occupied on a
constant and uninterrupted basis since 1952.
Since its
purchase in December, 1992, no one other than the Applicant
has occupied any of the structures located on the subject
.
property which is included in Phase 2.
The Site Plan approved in 1993 required that a Unity of
Title be recorded relative to the subject property. In
addition, staff required that all of the proposed parking for
both Phase 1 and Phase 2 [consisting of parking to meet the
requ;irements for TEN (10) dwelling units] had to be built out
as a part of the renovation and improvement of Phase 1. All
- 1 -
, . . I ~
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~ ;
such additional parking has been added. The Applicant further
improved the parking area during the Phase 1 renovations and
improvements by the installation of a full and complete
drainage system.
Also, the City required the Applicant to
install street lights on Manor Drive, which is a private
street (i.e., easement), which have been installed.
.
- 2 -
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.
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C. Ghint ing till: '?ilciance 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.
Since prior to the sale of the subjec~ property ~n 1978
by J. Willard Pipes and Jean R. Pipes, his wife, through
November, 1992, dnd until the purchase of the subject property
by Applicant in December, 1992 the ciubject property (including
Phase 1 and Phase 2) has been commonly known as, referred to
as, and operated as Park Shore Manor Apartments.
The granting, If the Variance will not confer any special
privilege on rhe Applicant since all of the presently existing
buildings (in Phase 2) on the subject property were built by
the prior owners in accordance with the then ordinances and
requirements of the City. There are no building plans on file
with the City as to what was built on the subject property in
approximately 1952. Prior to 1955 the City did not issue
Building Permits. Additions and improvements made after 1955
were made pursuant to Building Permits issued by the City. In
.
i, ~t, for most of the Lake Addition Section of the City nCJ
building plans exist. The most reliable documentation
~onsists of "sketch" type drawings (without any detail) on old
tax records of the City. Many such records .and building plans
may have been destroyed in the fire (many years ago) at City
Hall or they are simply missing from the microfilm records of
the City. As an example, no building permlt exists for the 6-
- 1 -
. . . .Ii .
;:; :~
, f P--;*1
unit, 2-story, apartment building located at 611 Northeast
Tenth Avenue in the City. Neither the rear yard nor the side
yard setbacks of that apartment building meet today' s require-
ments for R-3 zoning. In addition, the square footage of the
dwelling units in that apartment building are between approxi-
mately 354 to 600 :5quare feet.
That property has had an
occupational license to operate uS an apartment building since
approximately 1987.
Since prior to the sale of the subject property ~n 1978
by J. Willard Pipes and Jean R. Pipes, his wife, through
November, 1992, and until the purchase of the subject property
by Applicant in December, 1992 the subject property (including
Phase 1 and Phase 2) has been commonly known as, referred to
as, and operated as Park Shore Manor Apartments.
.
- 2 -
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q
, .
;: ;'
I ,
D. A literal interpretation of the provisions of this Chapter
would deprive the Applicant of rights commonly enjoyed by
oUler properties in the same zoning district under the te.l-ms
of r.he ordinance and would work unnecessary and undue hardship
on the Applicant.
Other properties in the same R-3 zoning (see information
relative to 611 Northeast Tenth Avenue in Item C) have been
~llowed to be renovated and improved when they did not meet
either rear or side yard setbacks and minimum square footage
requirements for a dwelling unit. The Applicant has invested
substantial amounts of both time and money in Phase 1 and
Phase 2 and has been led to believe by staff that Phase 2
would merely be an extension of Phase 1. This is especially
the case since the Applicant has built out all of the required
p jOking spaces for both Phase 1 and Phase 2 as well as
install ins additional street lights on Manor Drive.
Since prior to the sale of the subject property in 1978
by J. Willard Pipes and Jean R. Pipes, his wife, through
.
November, 1992, and until the purchase of the subject property
by Applicant in December, 1992 the subject property (including
Phase 1 and Phase 2) has been commonly known as, referred to
as, and operated as Park Shore Manor Apartments.
- 1 -
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f
E. The Variance granted is the minimum Variance that will make
possible the reasonable use of the land, building, or struc-
ture.
The presently existing buildings on the subject property
were built between approximately 1952 and 1969 by J. Willard
Pipes (a former Mayor of the City) who was a previous owner of
the subject property. Since then the size of the structures
has not been increased.
Further, the Applicant will not
increase the size of the structures in the renovations and im-
provements of Phase 2. Additional parking and street lighting
for Phase 2 have been added and installed as required by staff
for the Phase 1 renovations and improvements, as well as a
full and complete drainage system for the parking area.
Since prior to the sale of the subject property in 1978
by J. Willard Pipes and Jean R. Pipes, his wife, through
November, 1992, and until the purchase of the subject property
by Applicant in December, 1992 the subject property (including
Phase 1. and Phase 2.) has been commonly known as, referred to
as, and operated as Park Shore Manor Apartments.
..
- 1 -
;
:-.'
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-.:".11
F. The granting of the Variance will be in harmony with the
general intent and purpose of this Chapter and that such
Variance will n0t be injurious to the area involved or
otherwise detrimental to the public welfare.
The prest=ntly existing structures on the subject property
have existed sincp betv.'2en approximately 1952 and 1969. The
proposed -enovation and improvements will not increase the
square footage of any presently existing structures.
Since prior to the sale of the subjecL property in 1978
by J. Willard Pipes and Jean R. Pipes, his wire, through
November, 1992, and until the purchase of th~ subject property
by Applicant in December, 1992 the subject property (including
Phase 1 and Phase 2) has been commonly known as, referred to
as, and operated as Park Shore Manor Apartments.
.
- 1 -
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