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LEGAL APPROVAL DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent I. Kastarlak, NCARB Director BuUding Planning & Zoning Engineering Occupational Ucense Community Redevelopmnt 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 98-004 - Zoning Code Variance (Minimum Dwelling Size - Apartments) 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, /'V_V ~ 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 98-004\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 APPLICANT'S AGENT: Peter H. Schmidt DEVELOp&tENT ORDER OF THE CITY COM~SION;()F.~~';-"--';-:"-~;""'';~~\ ITV OF BOYNTON BEACH, FLu. .JA 10\ U ~ IUL~ \ ~ 1 PROJECT NAME: 658 Manor Drive (Barbara Bradshaw) \ ~ ~ r JUN _ 51008 \ W ~,....; "J ~ ~ t_-----1 PLAt~N!NG AND ZONING OEPT. APPLICANT'S ADDRESS: 400 South Dixie Highway, Suite 420, Boca RatonL. DATE OF CITY COMMISSION RATIFICATION: June 2,1998 TYPE OF RELIEF SOUGHT: Zoning Code Variance (minimum dwelling size - apartments) LOCATION OF PROPERTY: 658 Manor Drive DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant -2L 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 "C" with notation "Included". 4. Thr Applicant's application for relief is hereby K- 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. ,'\"" 11" 1/1111 \' III ~,\\ 'C 0 Y rv r- //-'l ~ ~ ~ 0., ~ ....~ v .,' 'i:W~"-. i/ ..-, .....,; . "1 'J..... or....... r i ,',', . ';')'i l -::. '," ... -'0 ::.c::::: ~ ~ ~ ~ ....; ~~ .... ~ DATED: 5 /9tJ'8 ~1~ :UOL.-~} J."................. # ~. City Clerk '////. (, 0 RID po. \,,#' J:\SHRDATA\Planning\SHARED\WP\PROJECTS\658 Manor Dr - B.Bradshaw\ZNCV 98-004\DEVELOPMENT ORDER - 9l(t6tM"'A"\\\\\\; ~~ 7. Other ------~-~_.~_..._."_.._.~----_._--.._---~_._---_._-~.----------- EXHIBIT "G" Conditions of Approval Jject name: 658 Manor Drive (Barbara Bradshaw) r:i1e number: ZNCV 98-004 (dwelling size) Reference' Zoning; Code Variance application dated Februarv 25 1998 - . I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X ENGINEERING DIVISION Comments: None X BUILDING DIVISION Comments: l. AB additional building requirements are met through permitting in the X city's Building Division. PARKS AND RECREATION Comments: None X FORESTER/ENVlRONMENTALIST Comments: None X PLANNING AND ZONING Comments: None X ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 2. None. X ADDITIONAL CITY COMMISSION CONDITIONS 3. .T.g ee 8ete.nJ~ucJ. Ah#e: V !bme J:\SHRDATAIPlANNING\SHAREDlWP\PROJECTS\658 MANOR DR - B,BRADSHA'MDlCV 98-004\COND, OF APPROVAL-98-004,DOC ---_.~.._-,.-._.__..._---_._..~_._--_._---_.._--_.-----.-------- 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 lithe 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. R98-1 03 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 darification. 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 darification. 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' h!gh chain linked fence along the south property line in lieu of the 5 .. ~v~ 19 /r;e4~X --1.e.4P-~<") .- -'_..~~-" -. _... .-.-.-.._~ -< : I ; I ~j DEPARTMENT OF DEVELOPMEN*~-'~','~~---i Division of Planning and Zoning '.'. ....,'u~ t. Bulent I. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment June 17, 1998 To: Rosemarie Lamanna City Attorney's Office D~~ Assistant City Planner ill : \UI~ ~ rn From: DEPARTMENT OF DEVELOPMENT Re: Proposed Bed and Breakfast ordinance Attached is a compilation of a model Bed and Breakfast ordinance taken from sample ordinances from Massachusetts and neighboring communities in Palm Beach County for use by the city. Please feel free to make any changes that the City Attorney's office deems appropriate. Cc: Bulent Kastarlak, NCARB Michael W Rumpf -----.I 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 Bed & breakfast Inns: addition to the requirements oftl1c underlying zoning district, all other applicable general regulations, parking regulations, and special conditions imposed through the conditional use process, the following requirements shall apply to Bed and Breakfast Inns: Regulations and Standards 1) Each application shall be accompanied by: a) A detailed site plan illustrating the location of all structures and improvements, parking, buffering, landscaping and the location of guest rooms and guest parking spaces shall be submitted for conditional use approval by the City; b) Floor plans drawn to scale of the dwelling unit showing each of the bed and breakfast units to be designated and the access to, and egress from, each such unit. c) Where exterior changes are proposed, an elevation, or other visual representation, of the fa9ade to be changed sufficient to show the architectural character of the dwelling is maintained as a single family structure. Efforts should be made to ensure the structure is consistent with the integrity of the neighborhood in which it is located. 2) Zoning restrictions: Such facilities shall be allowed only upon land that is zoned for residential structures. 3) Licenses and permits: The establishment shall obtain all required business licenses and health permits and shall otherwise comply with all building, sanitary and fire codes. Prior to obtaining an occupational license, which shall be renewed annually, the City Building Official shall conduct an inspection of the property to determine compliance with the current requirements of the City's Land Development Regulations and State Building Codes 4) Parking: Required parking spaces shall be calculated on the basis of one space per each employee, manager or owner and one parking space for each guest room. Newly created parking may be located only in the rear and side yard; 5) Common area: Within each Bed and Breakfast Inn, a common area must be provided for a central; dining area and for at least, one (1) reading/discussion/living room; 6) Number of Units: The number of bedrooms and bathrooms provided should be as existed when the structure was originally constructed, including additions, unless modifications are necessary to comply with Building, Fire, and/or Health codes. ,7) Restrictions on Use and Employees: , a) There shall be no cooking facilities or storage in any rental room. Meals shall be served only to the manager and/or owner, and nonpaying bonafide guests of the manager and/or owner. Breakfast shall be the only meal provided for paying guests who are using the facility overnight and their guests. The breakfast meal shaH not be served after 11 :00 a.m. b) The maximum stay for each individual who is using the facility shaH be fourteen (14) consecutive days and not more than fourteen (14) days during any ninety (90) day period. The owner and/or manager shaH maintain a guest book, which accurately identifies aH customers for each night's lodging. This register of guests shaH be available to City Inspectors during reasonable business hours. Check-in and check-out shaH take place between 8 a.m. and 8 p.m. only. c) The owner of the bed and breakfast Inn property must reside in the Inn or elsewhere on the premises. 8) Signage: AH signs shaH conform to the regulations of the underlying zoning district. No sign shaH advertise the use. 9) Items for sale: Commercial social events and sale and/or display of merchandise is prohibited in the bed and breakfast inn. " DEP ARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent l. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community 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 98-004 - Zoning Code Variance (Minimum Dwelling Size - Apartments) 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 98-004\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 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:\SHRDA TAIPLANNING\sHAREDlWPlPROJECTSlBarbara BradshawVZNCV9B-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 Zoning 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 vard 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 Planning and Development Board Meetina on Mav 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: April24.1998 APPROV~Y: d ,;:;/ . t, -1 . ! . (1) '0!t,/):1~[ ';,. L1?f-e,~ (Originator) y' c:/ --Ill- J ~, ~ . (-/% (Date) I I r..-/ (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J:\SHRDA T A\PLANNING\SHARED\WP\PROJECTS\Barbara Bradshaw\ZNCV98-004\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'(l1" 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 JlSHRDA T AIPlanning\SHARED\WPIPROlECTS\6S8 Manor Dr - B,Bradshaw\ZNCV 98-004\legalnot#2,doc -h~ " ~J ':.~~ .; CJn/~ f- ViJ-, (O-,c ,~'- jl~ p /, v CITY OF BOYNTON BEACH .,0. @ MEMORANDUM PLANNING AND ZONING DEPT. TO: Tambri J. Heyden, Planning and Zoning Director Michael J. Pawelczyk, Assistant City Attorney ro/f Zoning Code Variance Applicant: Barbara Bradshaw FROM: RE: 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 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 staff's 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 ~he 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 MINUTES PLANNING AND DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA MAY 26, 1998 that Mr. Limehouse never owned the property, but was only inquiring if he would be able to obtain an occupational license to operate the property as an apartment building. In any event, Mrs. Bradshaw purchased the property and applied for an occupational license. Mrs. Bradshaw was informed at that time that the property would have to be brought up to code and hired an architect to accomplish this. A site plan was prepared and submitted to the City and was tentatively approved with a few changes. The City approved the site plan, but Mrs. Bradshaw did not have the financial means to complete the project. As a result the project was changed so that it could be accomplished in two phases. The City approved phase 1 and Mrs. Bradshaw upgraded the property substantially. The City placed a great deal of requirements for the approval and created a financial burden on Mrs. Bradshaw. However, Mrs. Bradshaw did comply. One of those requirements was that parking for both phase 1 and phase 2 be put in at the outset of phase 1. Also, the City required that she put in a special drainage system, which had to include parking for phase 1 and phase 2, and Mrs. Bradshaw complied. Also, the City required some very expensive street lighting be placed on the property and Mrs. Bradshaw complied. Once the project was completed, Mrs. Bradshaw received her Occupational License and has been operating the property since late 19921early 1993, phase 1, as a four unit apartment building. Also the City required that a Unity of Title be filed so that both pieces of property would be one piece and Mrs. Bradshaw complied. Mrs. Bradshaw was under the assumption that the completion of phase 2 would merely be an extension of phase 1. When Mrs. Bradshaw had the available funds she went back to the City for approval of the building plans for phase 2 improvements and this is where the case is today. Mrs. Bradshaw for 2 % years has been cooperating with the City and has complied with everything the City has requested. The only remaining issue is the one before the Board this evening and one small minor building issue which is that one of the units being used as an apartment building has a ceiling height of 6' 11 " and the building code requires that the minimum ceiling height be 7'. This is a one-inch differential that has to be dealt with later on. Chairman Wische thanked Attorney Schmidt for his presentation and further stated that he has been to the site and it is a fine addition to the neighborhood. Chairman Wische opened the meeting to the public. Lloyd Powell, 112 North Federal Highway, Boynton Beach took the podium. Mr. Powell restated his previous concerns regarding an apartment house being on the property. Mr. Powell stated he went over to the property and looked at all the units and 6 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 LDRs, 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 PIC} - Variance from the LDRs, Chapter 2 - Zoning, Section 7 -Planned Industrial Development, H.16, to reduce the required rear setback from 3D' 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 LDRs, 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 current 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 7t1 Court, Lantana, Rorida 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 foct building. 7. Whitfield Interiors - Quantum Park PIC (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 PIC list of permitted uses for all parcels with an industrial master plan designation. 8. Robert A. LaLane II, DMC (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 includes 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 collection vehicle (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 (DCSI) 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 subjed 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-CA, IV-C.7, 0-1, 0-2, 0-3, F and I. Mayor Pro Tern Tillman seconded the motion. Motion carried 5-0. CONSENT AGENDA DISCUSSION ITEM: IV. F. Approval of Housing Rehabilitation Case No. 297002lNathaniel 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 MAY 12.1998 4. APPROVAL OF MINUTES 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 05-08-98 09: 47AM FROM SCHr- '" & PHETERSON POI FAX TRANSMISSION SCHMIDT & PHltTEnsON 400 Sou".. DIXIE KwY. SUITI0420 BocA FlATON, FL. 33432 (S.I) 38.-2700 ',t.)(l use I) 3~4.e775 Dnte: ~-(~r q~ Time: r d.4 ~ 0 #f- y/1. Ref.: jl'r ~g..~{ W. 'UJfA/~ , ~-(jf} \J7v'" ~~O 1 ~/' 0Jo.~,\Jt Y , inciuding this cover sheot. d~t'Ir,~/(;r ~+ Jrn.)V' t\~W To: Fax No.: From: I'''les: COMMENTS: LlA4 t) t 'CH e- The infonnation in thi, facsimile is confidential and may also be nttorncy-privileged. The iniormation is intended only for th~ use of the individual or entity to whom it is addressed. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended rec:pient, you arc hereby notified that any use. dissemination, distribution or copying of this communication is strictly prohibited. If you received the facsimile in error, please immediately notifY us by a "oUect telephone call at (561) 394.2700, and return the original meSSl\ge to 1.15 at the address above, via U.S. mail. Thank you. 05-08-98 09?1AM FROr . '~MIDT!' PilETERSON F02 !~-) I I v , RETURN TO' prTF.R H, SCHMIDT, uOUIR! SCHMIDT & l'HUEMON 40a SOUTH DUCIC HIQHWAY mE ARBoR SUITE 420 BOCA R" TON. FLORIDA aJ43:l IiAV-04-1~93 2:43Prft 93-134372 ORB 7692 P! 417 I II I III II. 1111 1111 I . III DBCLARATION OF UNITY or TITLE KNOW ALL MEN BY THESB paiSINTS, that pur.uant to the ordinance. of the City of Boynton B.ach, Florida, pertaining to the issuance of building permit. and regulating build~n9 con.truction, BARBAGAay, INC., . Florida corporation, which has been crganized under the law. of the State of Floria., being the fee simple owner of the following described real property situate in the city of Boynton BeaCh, Palm Beach County, Florida, to wit: PARCEL 1: A tract of land lying in Government Lot 3 of Section 22, Town.hip 45 S., Range 43 I., in the Town of Boynton Beach, Palm S.aeh County, Florida, being mora particularly d..oribed a. follow'l COMMENCING at the Northwest corner of the South 370 feet of Government Lot 3, thence with a bearine; of 8.89.22' 01M E., along the NOI'th line of the aforementioned South 370 feet of Government Lot 3, said line b.ing allO the South line of Wilms Way SID u recorded in Plat Book 23, Pags 110, of the Public aecords of Palm Beach County, Plorida, a distance of 601.68 feet to a pointr thence with a bearing of N.O.37'59" E., . dis~ano. of 34.41 feet to a point; thenoe with a bearing of 5.89.22' Olu B., along a lin., lying 34.41 feet North and parallel to the North line of the afore.aid South 370 feet of Qovernment Lot 3, a di.tance of 69.58 feet to . point; .aid point being the Point of 9s;innin91 thenoe continue along the aforementioned oourse, a dietance of 124.31 feet to a point; thence with . b..ring of 8.0037' 59" w., a distanoe of 144.41 feet to a point; thence with a bearing of N.Sg022'Ol" W., a distance of 124.31 feet to . point; thenoe with . bearing of N.O.37'S9- E., a distance of 144.41 feet more or less to the Point of seginning. Containing 0.412 Acr.. more or le.., and .ubject to a 35.00 foot wide .allelll8nt for road purpo... on the South, and subject to other easement. and right.-of-way of record. PARCEL 21 A tract of land lying in government Lot 3, ot Section 22, Town.hip 45 S., Range 43 m., in the ~own of Boynton Seaoh, Palm Beach County, Florida, being more particularly d..cribed a. follows: COMMENCING at th. Northw.st corner of the South 370.00 f..t of Government Lot 3; th.nce with.. b.aring of 5.89022' 01* E., &lonq the North line of the aforementioned South 370.00 feet of Government Lot 3, .aid line being aleo the South line of Wilmll Way sID .11 recorded in Plat Book 23, Page 110, of the Public Record. of Palm Beaah County, Plorida, a distanoe of 575.57 feet to a point, said point being the point of Beginning, -1- 05-08-98 09 41AM PR~ 'lM1DT ~ PHETERSON P03 QRB 7692 P'3 41 E , thence continue along the aforementioned oour.e, a distanoe of 26.11 f.et to . pointl thenoe with. be.ring of N.oo37'59* E., . dietano. of 34.41 feet to a pointl thenoe with a bearing of 8.89'22'01" E., along a line lying 34.41 f.et North of and parall.l to the .fore.aid North line, a di.tance of 69.58 fe.t to . point' thenoe with a be.ring of 8.0037'59" W., a di.tanoe of 144.41 f.at to a point, thenae with a bearing of N.8go22' 01" W., . di.tance of 95.69 feet to a point, thence with a bearing of N.oo37' 59" E., a diatanoe of 110.00 feet more or 1... to the Point of Beginning. Containing 0.297 ADres more or 1..., and subject to a 35.00 foot wide ea.ement for road purpo.es on the South, and subject to other ....ment. and right.-of-way of record, doe. h.r.by make the following declaration. of condition, limitation, and re.triotiDn on said land., hereinafter to be known and referred to a. the DECLARATION OF UNITY OF TITLE, to wit: That the ator.aaid plot or oombination of ..parate lot., plots, paroel., aoreage, or portions thereof .hall henceforth b. regarded as, and the lame i. hereby considered and deelarad to be, unified a. one plot or parcel of lAnd under one title as an indivi.ible building site, and no portion of the eaid unifledllot or pareel of l.nd may be .old, ...igned, tran.ferre , conveyed, or devised separately, except in ita entirety .s on. plot or parcel of land. BARBAGAR'l, INC., further agreelll that thil DECLARATION OP UNITY OF TITLE shall constitute a oovenant to run with the land, as provided by law, and .hal1 be binding on BARBAGARY, INC., ita heir., succs..or., and ...igns, and all partie. claiming under them, until .uoh time ae this DECLARATION OF UNITY OF TITLE may be relsawed in writing, under the approval of the administrative head of the city of Boynton Beach Building Department and ratified by the City COmnU.ssion of the City of Boynton Beach. BARliAGARY, INC., .111I0 agree. that this iUlltrument shall be reoorded in the office of the Clerk of the cirouit Court of Palm Beach County, Florida. IN WITNESS WHEREOF, BARBAGARY, INC., has caused the.e presente to be execut.d in it. name, and It. corporate eeal to be hereunto affixed by it. proper ofticers thereunto duly authorized thi. 4th day of May, 1993. BARBAGARY, INC., a Florida oorporation WITNESSBSl ~~d~ Nam.'9~p. ~~ Addre..: 6635 J:>. .ffJ;, HoLakJ ::a . !ztv A PA7f>>-., A..3 3 1I.6Jo By: &~~I( ~~~ BARBARA R. BRADSHAW, Pre.~dent ~~~.;-~I,<~..., (SmALl , ....."..,::::~.. " ,'d~',"', .J!<,' "(.~' . """..'!i;\" ... ~ ,~.. '~":aA .' ,;:: 'F. .' : c',' . ~ E!J' ~ "",:IlV llr'" .~u. ~,t! f). vI ,. . ". 'ty.1 /, " 1~~~Ji~iil;;- ~)/;. Ir'.~' .~~~ ~;~'~;tl:~llil~'~\\. '~""'-<- S'. ":'C" ~; \ Name I )~'''''"f:>' J'-. .......,,, c cV_', Addr...I<.1,.:;, ~"II! r C'.;.~. ~oc.,"" Q ,. \.,,,..,, ~. L ~\.='. <t.l -2- OH8-98 0'3 47AM mr '{MIDT l PHETERSON P04 STAT! or FLORIDA COUNTY OP PALM BEACH ORB 7692,. 419 RECORD VER1FIED DOROTHY H WILKEN CLERK OF THE COUPT - P8 COUNTY, r.L SS. The foregoing instrument was acknowledged before me this 4th dAY of May, 1993, by BARBARA R. BRADSHAW, President of SARBAGARY, INC., who did not take an OAth and who. (Notary must check applicAble box) ~ i. personally known to me. o produced current identifioation. PloricA driver'. lioense as o produced identification. r My Commission Expires. NoIIIY Publi', Sut. 01 ~1'" /.& [011I1'''.-0.. EJlIirll 0... ' v "",,,~.Ci 1"'1'" \.'Iol~ f.. -\.,"-,.... 1M. THIS INSTRUMENT PREPARED BV: P!TER Ii, SCHMIiH, {,!!QUIRE SCHMIDT & PJ.lETERSON 400 SOUTH DIXIE HIGHWAY THl ARSOR SUITE 420 BOCA RATON. 'WIlIOA 3J4J2 -3- MEETING MINUTES PLANNING &. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA APRIL 14, 1998 Mr. Gragg pointed out that without the modest change being proposed, the builder could enlarge some of the lots on the perimeter. However, given the impact of the setbacks on some of the lots, he would not be able to meet the conditions of the Development Order. Mr. Rumpf agreed with Mr. Gragg's remarks. Mr. Gragg continued that the developer is not refusing to honor the deal. He is saying he cannot do it. In addition, the developer cannot add value that means higher prices for houses on these lots. Mr. Rumpf agreed. Mr. Gragg further pointed out that when the deal was negotiated during the City Commission meeting, the idea of putting square footage sizes on these homes came up. No one checked the impact in relationship to lot sizes. Subsequent to that, when it came time to build, it was determined this could not work. Ms. Heyden and Mr. Rumpf agreed. Mr. Rumpf explained that quite a few of the homes would fit on the lots as they are currently designed. However, two of the units do not meet the minimum requirement and the majority of them cannot be constructed with a pool and screen enclosure. Mr. Gragg concluded that the developer would have to build units of less value if he is not granted these modest changes. Mr. Gragg explained that 137 square feet amounts to an area approximately 10' x 12'. This is an insignificant amount of space. He said that he could probably take a half-foot off the perimeter of the building envelope and come up with 137 square feet within the property. Mr. Zemen said the building envelope is 50' x 69'. At this, Mr. Gragg remarked that the change is imperceptible. Mr. Rosenstock said the point is the City made a bad deal. Mr. Zemen further explained that when the project was purchased from Newport, the design criteria was 25% of covered areas, 50% of garage and 10% of screened areas to be considered in air conditioned square footage. When the models were designed and submitted to the City under that criteria, the developer was advised that the criteria was incorrect and instead should be 2,400 square feet minimum under air. What that means is covered areas, garage areas and screened areas cannot be included in the calculations. Mr. Gragg added that the Cty's Code is what Mr. Zemen described. However, this "new concept" of only counting air-conditioned square footage messed up the math. Motion Mr. Rosenstock moved that we reject this rezoning request Mr. Dulle seconded the motion that carried 4-3. (Ms. Frazier, Vice Chairman Reed and Mr. Gragg dissented.) Zoning Code Variance 3. Project: Agent: Location: Description: 658 Manor Drive (Barbara Bradshaw) Peter H. Schmidt 658 Manor Drive Request for variances from the Cty of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section S.G.2 to allow a reduction of the minimum side yard 9 MEETING MINUTES PLANNING & DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA Zonina Code Variance 4. Project: Agent: Location: Description: Motion APRIL 14, 1998 requirement from 20' to 1.6' and the minimum rear yard requirement from 40' to 10.7', respectively. 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 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 Mr. Dube moved to table Items 7.A.3 and 7.A.4 to the May 12th Planning & Development Board meeting. Vice Chairman Reed seconded the motion that carried unanimously. New Site Plan 5. Project: Agent: Location: Description: Englewood Medical Building Kres Mihelich 906 S. Federal Highway Request for site plan approval to construct a 5,480 square foot medical office building on a 0.696 acre parcel of land. Chairman Wische advised that there are 34 staff comments concerning this application. He requested that the applicant address only those comments he disagrees with or that require clarification. Mr. Dube acknowledged the fact that he knows Dr. Provenzano but has never discussed the project and has no financial interest in this project. Kres Mihelich. Architect. addressed the comments as follows: Comment #19 The property is surrounded by three rights-of-way (US #1, 7ttt Avenue and 9ttt) and is located in the C-3 zoning district. There is a provision of the rear setback so that if public right-of-way exists, the rear can be reduced. The applicant is declaring US #1 as frontage with the property to the north as side, and because the property is on a comer, there is a second frontage. The applicant would like to move the building toward the back right-of- way up to 15'. Since staff interpreted that the applicant is on three streets, all of those streets are frontage. Therefore, the applicant is penalized. Ms. Heyden said the comment is insignificant because the building meets the zoning setbacks. However, there is a note on the plan that was contrary to how the Code reads. Neither the . building nor the site requires redesign. Mr. Mihelich agreed that the applicant complies. 10 CITY OF BOYNTON BEACH MEMORANDUM TO: Tambri J. Heyden, Planning and Zoning Director Michael J. Pawelczyk, Assistant City Attorney ~/ Zoning Code Variance Applicant: Barbara Bradshaw FROM: RE: DATE: April 9, 1998 ~.- rnm mowrn APR 109 PLANNING AND ZONING DEPT. 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 00 DEVELOPMENT DEPARTMENT MEMORANDUM No. PZ 98-082 FROM: Sue Kruse City Clerk Tambri J. Heyden, AICP ~/~ Planning and Zoning Director TO: DATE: March 23, 1998 RE: 658 Manor Drive (Barbara Bradshaw) Case No. 251 File No. ZNCV 98-004 (minimum living area - apartments) 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. T JH:bme xc: Central File Attachments . J:ISHRDA TAIPLANNINGISHAREDIWPlPROJECTSIBarbara BradshawVZNCV98-004ILEGALNOT.DOC REQUEST 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 Zonina Code Variance to reduce the required minimum Iivina area for apartment unit 5 - to 370 SQuare feet. apartment unit 9 -to 568 SQuare feet and apartment unit 10 - to 499 SQuare feet from the reQuired 750 SQuare feet per unit. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard Leaal Ad for Plannina 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 Plannina 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 APPROVED BY: (1V~~}~~.J~ (Originator) , / SkJ98 (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J:\SHRDA T A\PLANNING\SHARED\WP\PROJECTS\Barbara Bradshaw\ZNCV98-004\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 #251 Owner: Barbara Bradshaw Variance Req uested: 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; 568 square feet for unit #9; and 499 square feet for unit #10. 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: Page 2 658 Manor Drive (Barbara Bradshaw) File No. ZNCV 98-004 Case No. 251 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 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 I :ISHRDA T A IPLANNINGISHAREDIWP\PROJECTSIBarbara Bradshaw\ZNCV98-004\Lglnolicc.doc DEVELOPMENT DEPARTMENT MEMORANDUM No. PZ 98-082 '" TO: Sue Kruse City Clerk FROM: Tambri J. Heyden, AICP Planning and Zoning Director DATE: March 16, 1998 RE: Barbara Bradshaw Case No, 251 File No. ZNCV 98-004 (minimum square footage for dwelling units) 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 TAIPLANNINGISHAREDIWPIPROJECT5IBarbara BradshawVZNCV98.Q04ILEGALNOT.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: Daniel DeCarlo DATE PREPARED: March 16.1998 I S.o -<" <8:- 18'1. -s") (~ BRIEF DESCRIPTION OF NOTICE OR AD: Barbara Bradshaw Zonin de Variance to reduce the re uired minimum s uare foota e for dwellin uni - feet from the reauired 750 sauare feet per unit. l J('\,,-\: .~S- -~..s ....'"HI <-1 I B 2 5" ~'II ,-t.,-L ( 1 ")-0 - "?,7o ~ 3t3oc,~) v (\ ,-t lo z..-~~ F SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Ty~"9 -siz~,:o. S~ctio~Q, ( Placement, Black Border, etc.) Standard Leaal 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 Plannina and Zoning. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: March 30. 1998 LAST DATE TO FAX TO NEWSPAPER: March 27.1998 APPROVED BY: (1 ) (Originator) (Date) (2) (City Attorney) (Date) ~9. C { UY\ ,-\ ~ 7 "50 - -3,"70 ::. ~ :5 0 . .;', -\. Q 7 '5"0 - $- b '8. j 8 L '3~ <./1('\ ,\ , ( ., <-v .. < ill <].: 2 -:;- J ~~f <-I n vi- (0 I J .,..... RECEIVED BY CITY CLERK: COMPLETED: j J:\SHRDA T A\PLANNING\SHARED\WP\PROJECTS\Barbara Bradshaw\ZNCV98-004\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 #251 Owner: Barbara Bradshaw Variance Requested: Request for a variance from, Chapter 2 - Zoning, Section 5.G.2.a, to allow a ---- foot reduction of the required minimum square footage for dwelling units. 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 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: Page 2 Barbara Bradshaw File No. ZNCV 98-004 Case No. 251 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. Use: 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:\SHRDA T A IPLANNING\SHARED\ WPIPROlECTSIBarbara Bradshaw\ZNCV98-004\Lglnotice,doc