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APPLICATION JLl - J DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. 97-147 TO: Tambri Heyden, Planning & Zoning tfV~ FROM: Milan M. Knor, P.E., Director of Development DATE: June 26, 1997 RE: MOBIL SERVICE STATION - VARIANCE TO CHAPTER 2, ZONING REGARDING DISTANCE OF DRIVEWAY FROM AN INTERSECTION We have reviewed subject plans and offer the following comments: BuildinS! Division No comment Engineering Division 1. List the exceptional or unnecessary difficulties or undue hardship or injustices associated with this variance request. [Chapter 1, Article X, Section 1.] Recommendation It is recommended that unless the applicant can show just cause for the variance that it be denied. MMK:MH/ck xc: Mike Haag Ken Hall C:\My Documents\Mobil Service Station Variance Request,doc APPLICATION TRACKING LOG PROJECT TITLE: MOBIL AT WOOLBRIGHT AND CONGRESS AVE PROJECT LOCATION: FILE I: ZNCV 97-002 TYPE OF APPLICATION: ZONING CODE VARIANCE PUBLIC NOTICE REQUIRED: (Y IN) 0 AGENT: AGENT PHONE: DATE REC'D: AMOUNT: REVIEWER'S NAME: ADDRESS: FAX: RECEIPT NO.: 12 SETS OF PRE-ASSEMBLED PLANS SUBMIITED FOR REVIEW: 2 OF 12 SETS SIGNED AND SEALED 0 SURVEY 0 LANDSCAPE PLAN 0 FLOOR PLAN 0 SITE PLAN WITH SITE DATA 0 APPLlCATION/SUBMIITAL: DATE ACCEPTED: DRAINAGE PLAN ELEVATION VIEW DRAWINGS COLORED ELEVATIONS RECEIVED MATERIAL SAMPLES RECEIVED PHOTOGRAPHS RECEIVED o o o o o DATE DENIED: DATE OF LEITER TO APPLICANT IDENTIFYING SUBMISSION DEFICIENCIES: DATE OF SUBMIITAL ACCEPTANCE LEITER: INITIAL 1ST REVIEW MEMO: DATE SENT: MEMO NO. RETURN DATE: --------- 1 ST REVIEW COMMENTS RECEIVED DATE OF LEITER SENT TO SENT TO APPLICANT IDENTIFYING TRC REVIEW COMMENTS: 90 DAY CALENDAR DATE WHEN APPLICATION BECOMES NULL AND VOID: DATE 12 COMPLETE (ASSEMBLED) SETS OF AMENDED PLANS SUBMIITED FOR 2ND REVIEW: PRE-ASSEMBLED PLANS SUBMIITED FOR REVIEW: UTIL. P.W. PARKS FIRE POLICE PLANS CJ o o o o PLANNING BUILDING ENGINEER FORESTER ECON. DEV. COORD. AMENDED APPLICATION 0 2 OF12 SETS SIGNED AND SEALED 0 SURVEY 0 LANDSCAPE PLAN 0 FLOOR PLAN 0 SITE PLAN WITH SITE DATA 0 2ND REVIEW MEMO: DATE SENT: PLANS o o o o o MEMOI DRAINAGE PLAN ELEVATION VIEW DRAWINGS COLORED ELEVATIONS RECEIVED MATERIAL SAMPLES RECEIVED TRANSPARENCY RECEIVED PHOTOGRAPHS RECEIVED MEMO NO. o o o o o o RETURN DATE: 2nd REVIEW COMMENTS RECEIVED PLANS MEMOI DATE PLANS MEMOI DATE UTIL. 0 PLANNING 0 P.W. 0 BUILDING 0 PARKS 0 ENGINEER 0 FIRE 0 FORESTER 0 POLICE 0 ECON. DEV. 0 COORD. BOARD MEETING DATE: LAND DEVELOPMENT SIGNS PLACED AT THE PROPERTY. DATE SENT I SIGNS INSTALLED: DATE: BOARD: CITY COMMISSION: DATE: DEVELOPMENT ORDER RECEIVED FROM CITY CLERK: 0 DATE: DEVELOPMENT ORDER SENT TO APPLICANT: 0 DATE: S:\FORMS\TRACKING LOG FORM revised 4/25/97 MEMORANDUM Utilities # 97-209 JUL - 2 TO: Tambri Heyden. Planning & Zoning ~~or / John A. Guidry, ~ V Director of Utilities FROM: Date: July 1, 1997 SUBJECT: Mobil Service Station, Zoning Code Variance Staff has reviewed the above referenced project and offer the following comments: Utilities has no comment. It is our recommendation that the plan proceed through the review process. If you have any questions regarding this subject, please contact Skip Milor at 375-6407 or Peter Mazzella at 375-6404. sm/mobilv 1 xc: Clyde "Skip" Milor Peter Mazzella File APPLICATION FOR VARIANCE MOBIL SERVICE STATION NORTHWEST CORNER OF INTERSECTION OF WOOLBRIGHT ROAD AND CONGRESS AVENUE The petitioner, Mobil Oil Corporation, requests by this application relief from the requirements of Sec. 11.L.3.d.(1) of the City's zoning code, whereby no driveway shall be constructed closer than 110' from the intersectng rights of way lines of public streets. The purpose of this application is to allow the demolition of the existing Mobil service station located at the northwest corner of the intersection of Woolbright Road and Congress Avenue, and the construction of a new Mobil facility, including a 2,436 square foot convenience store and car wash. The facility will provide six pump islands, with a total of 12 gasoline dispensing pumps. The subject site is .879 acres, with 168 feet of frontage on Congress Avenue and 175 feet on Woolbright Road. One curb cut exists on Congress Avenue, located 62 feet from the intersection of the right of way with Woolbright Road. The site plan accompanying this application indicates a new location for this curb cut, moving it 125 feet from the intersection. Two curb cuts exist on Woolbright Road to service the existing site. One cut, the westernmost, will be closed with the new plan. The remaining cut will be left where it currently exists. The movement of the curb cut on Congress Avenue and the closure of one of the existing curb cuts on Woolbright Road will significantly reduce the existing nonconforming conditions of the site. The requested variance meets all of the criteria for approval. A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Special conditions and circumstances exist for the site. The site has been used for a gasoline service station since prior to the adoption of the code section for which variance relief is sought. Although the site lacks sufficient depth and width to meet the Code's requirements for location of curb cuts for gasoline stations, it is of sufficient size to accommodate contemporary design for a new Mobil facility. B. That the special conditions and circumstances do not result from the action of the applicant. The special conditions which exist are not the result of action by the applicant. The site has been developed for a service station for a very long time, and met City codes at the time of the original construction. C. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district. The granting of the variance will allow the site to continue to operate as a service station, but with improvements in design. D. That literal interpretation of the provisions of this chapter deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant. The literal interpretation of the provisions of the City code would prohibit the redevelopment of the site for a service station facility, since safe and adequate access through the site for customer's cars and tanker trucks could not be accomplished. Other properties have certainly been allowed to alter improvements, to update the appearance of the structures, to meet changing customer's tastes and needs, to accommodate new technology. Granting the variance requested will allow the desired redevelopment, to accomplish a contemporary function and appearance for the facility. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The variance requested is the minimum variance that will make possible the reasonable use of the land. The site is already improved with a service station. The placement of the curb cuts have been carefully considered in the design of the new facility, to allow for smooth traffic flow into and out of, and through the site, for customers as well as tanker trucks. Redevelopment of the site, with the relocation of the Congress Avenue curb cut, and the closure of one of the curb cuts on Woolbright Road, will actually reduce the existing nonconforming conditions of the site's development. CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS VARIANCE APPLICATION SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES: Please Print (in ink) or Type Submittal Date: June 9, 1997 The undersigned owner(s) hereby respectfully petition(s) the Board of Zoning Appeals to grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s) : Property involved is described as follows: Lot(s) Block Subdivision Plat Book Page or otherwise described as follows: Property Address 2605 SW 15th Ave. (NW corner of Woolbright & Congress: . Variance requested Supplemental Regs/Gas Stations: Sec.IIL.J.d.(l) -- The following documents a~e 4~e~R~Fe~al~"b~esJ15rr?ftttehr yJi1:'iF~b1.~ kb~'li<6~t.!~Y{to form a single package. Incomplete package will not be accepted: 1. Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. All property lines B. North arrow C. Existing structures and paving D. Existing elevations E. Rights-of-way, with elevations F. Easements on or adjacent to the site G. Utilities on or adjacent to the site H. Legal Description I. Number of acres to the nearest one-hundredth (1/100) of an acre J. Location sketch of property K. Surveyor's Certificate ' 2. Two site plans properly dimensioned and to scale showing: A. All proposed structures B. All existing structures that are to remain on site C. Setback lines for all structures drawn perpendicular from the property lines to the closest vertical wall of structures D. Use of each structure (or uses within multiple occupancies) E. Use of adjacent properties including right-of-way lines for all streets and alleys, sidewalks, turn lanes and driveways F. Elevations of the lowest finished floor of all structures on the site 3. Certified list of names and post office addresses of property owners and legal descriptions of their property within 400 feet of subject property, as recorded in the County Courthouse. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is complete and accurate. Included with conditional use application submitted simultaneously. 4. Proof of ownership of property by petitioner (s), such as deed or purchase contract agreement. If an agent is submitting the petition. a notarized copy of a letter designating him as such must accompany the petition. Included with conditional use application submitted simUltaneously. 5. Statement of special conditions, hardships or reasons justifying the requested exception or variance. Respond to the six (6) questions below (A-F) on a separate sheet (Please print or type) : See attached Page 3 Board of Zoning Appeals Variance Application TO BE FILLED OUT BY BOARD BOARD OF ZONING APPEALS ACTION: Approved Aye Denied Nay Stipulations: Signed: Chairman Page 4 Board of Zoning Appeals Variance Application C E R T I F I CAT ION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE APPLICANT'S PROPERTY. ~~.~ APPLICANT,fA6ENT~ NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL BOARD OF ZONING APPEALS VARIANCE All applications received by the City of Boynton Beach after August 1, 1985 shall be accompanied by mailing labels with the names and addresses of all property owners within four hundred (400) feet of the subject property. Applications will not be accepted without these mailing labels. CONTACT -- PALM BEACH COUNTY PROPERTY APPRAISERS OFFICE ATTN: MAPPING DIVISION 301 North Olive Avenue West Palm Beach, Florida (561) 355-3881 S:\PLANNING\SHARED\WP\PORMS\APPS\BZAV\BZAV.APP April, 1997 'U ,;~' :Sf 3~[;'VO , 1 I) 135' !,;O r-- \r) co , CY') . rm -.' C'-..I co U) R: C) o o <::> 0..; -.~......~......-..~,-..,_'''''''~-'''''' ,"",--..--.-. W....UANn' ".". 'IO~ INDIVIDUAL to [O"''O"",'IOH nMAce- ranM 3,\ Ihls ijlarranty llud MaJ~ Ihg JOSEPH COGEN , AS TRUSTEE AND INDIVIDUALLY I,~"'nofl.. colld ,I.. gronlot. 10 HOBIL OIL CORPOR1\TION ' a corporal/on .x/.I/ng unJ.. II.. I.w. o( ,/,g 510lg of NEW YORK a.lelr... 01 3225 Gallows Roadr Fairfax, Virginia "e~elnn/r.. .olled tI." grn..I..: 1st doy of December A, D, 19 82 ~y . wll" rll ptrmononl po"offlc. 22037 ,V.hnrHr UMd h."j" ,)." 'um. ".,."t.r" ..~d ",n"'r~" IM1..'" 11111 '~t ".rtlr. t. thl. I".lnam""t lII"d .he )"in. hlUl npnt~flhlht'1 .nd '.II,ft. er ,,,divldluh. lII"d ,h. tucctnftrl .nd .ul,"1 01 c:enpo,..tio,u) lnJitn~ss€lh: Thol II.. gron'"r. for ond"n con.IJotollon of rh. 'sum of $10.00 n..d or"" uO!l/obl. <0'''/.1..''1/0...., roc.rpl "",."of Is h.r./'y oc4,.",,,I.do,J. h"./'y I1ranlr, bargaIn., ull.. 011"", rg- mIn.. r.r.o..', con.,.y. ~nJ con/r,m. I/nlo II.. oronl... 011,1.01 c.rloln land "'1/01. 'n Palm Beach , COl/nly. floddo, \l1~, SEE LEGAL DESCRIPTION ATTACHED HERETO AND M1\DE A Pi\RT HEREOF. Subject to conditions, restrictions, limitations and easements of record, if any and taxes for the year 1982 and subsequent years. ..., Togeth~r wI/I, ..,1.1(.' op,)(!rfn(nlrl0. 01/ II,. '."""onls. I.r,r,ll/omenl. onJ o""url.noncr. """'0 !'.rong/nl1 or In any. r 0 Ibllr and to ltold, ",. .am. /n (~e .Impl. (or..,er, llnd II,~ (lro"lor I,.r.t,y co"~no..11 wI/I. .01,1 grnnl.. 11,01 11.. gran/or I. lawfully ../...1 of lard land In I... .Im"r.: rl,al ,"~. flmn'or ',n. gooJ rlal.f onJ lawful oul/,orl/y 10 ../1 onJ co"".y '0',1 i.",J, 11,01 ,,.. gronlor I.er.l,y f..II). ,,"0"0,,1. II,. 1111. 10 .nld lanJ onJ w,lI J.fond If,. .om. oonl".1 "'0 Inwlul claim. of oil ,,~rs"'lJ .../".m$Ort'or: 0"'/ "'01 .01.1 land Is fre. oj 01/ oneum!'rnnco.. oxco" I fox.. occrulno ."I...quonl In D.r.ml,.r 31. IQ 1:12. This property is' not toe homestead of the grantor herein who resides at: 2622 N.W. 23rd Way, Boca Raton, Fl. 33431 N.B. TillS DEED IS BEING RE-RECORDED TO SIlOW GRl\NTORS ADDRESS . W'HICH NAS OMITTED IN ORIGINAL RECORDING. ",. ,01,1 gronlor ',n. I'er.unlo ..1 his !.ond anJ .."1,,,. Jny "nJ y.or llEII.EIIV CEII.TIFV 'h.. an .h" doy, belare mo, .n omen duly aUlh01'"IHd In .h(' St.'e .ror~uh' .nd (n the Coun,y .fonuld to ta~e ad:nowled,mcnti, ~uon.ny apPuN:d JOSEPH COGEN, AS TRUSTEE AND INDIVIDUALLY to m~ known '0 \)(' thf! penon dC'lrritx-d In "nd who utcuttd the rOHko1nr Imttumrnt and _bdor~ me ,h,., he (JitCUlfd .he ..me. he acknowl.dsrd /' 'd.y or \\'IT="ESS my h.od .nd aUiei.1 ...1 In the Caunly .nd S'.,. tat! .ra....ld thlt . ^, 0, /9 82 flI~-.. ".'''~.~IU'I'":,,,: ''', (~ . ~~'I.' " _n...........~;..':,:,:. ii,W:/(k . s,.,. ,,( F1o!'dt ~.^\~.....:.',;:.}..:. ~ I....'" bplrM t'iPrlli), ~', ' c.: ,hMl l,1_o<<t ~,~ \.,\ .... . 71., "~:... 'J.":',':.:!'/:,,:" o~ ~L.j'~\Q~ " .......1'.. Imconri ,:-::-'" I""~':"--"T ~O ' 't' '"..., "._ 1 I, , TItiJ Iro/mnrCf// PrqMrrrI "jlr / Rt.:ni~/ t.. ri: mi~~~III!( p,A. j A"1. .-'7" tiC ,~.,,~ \", '.1 ,'" _ rt:J:1 ." ~,H(' :,O~. Ct:'('~f' -. ..".~:: t~1'J.' 21~;:)' J~":'".,,,O'.'"~ {.~ :...... :',': }J,,:~~~';.~J fh~!;\:;! 'L(C~"J (';~J~" 1; ," , :~: (... , ~. I en co w ,6 o ......, 0'> <::> ~ . , ~. "J' . ~ -~:~~ "- to - Q:) . '. (Y') "00 , (0 f',J .to t::) 0.. - CO cY> CO ~~: " ',m"":, ~.:~. ;~ .'>.:' ....".1 _.._...~..:-- ---'-- r~'-'::"~,,~~~, ~""r. ~ .w '~'U'6$..wa.d ~~.!!~'~l, :' ~ "f " ..' .. LEG1\L DE5CR:'PT;;:OO East 200 feet ,of Tract "A" "WOO!,BRIGHT PLAZA", according to the Pl"-lt thereof, as'recorded in Plat Book '3B at pages 63 , and 64 of th~ public records of Palm Beach County, Florida, lying in Section 31, Township 45 South, Range 43 East, being mere particularly described as follows! , ' Commence at the ,Northeast corner of Section 31, TownshiPo45 South, Range 43 East and run on an assumed hearing of 589 18' 10"W along the North line gf said Section 31 f~r a distance 'of 60 feet; thence run SOO 01'07"W dlong a line parallel with and 60.00 feet West of as measured at right angles to the East line of said section 31, said section line b~ing coin- cident with the centerline of Congress Avenue as shown' on that certain plat "Woolbright Plaza" according to the Plat thereof recorded in Plat BOOK 38 at pages 63 and 64 of the public records of Palm Be~ch County~ Florid~, for a distance of 40.00 feet, to the point of beginning I thence continue slong the last described course for 168.36 feet~ thence run S44 39' 3B"W for 35.13 feetl therice run SS9 lB'lO"W a16ng the North right-Of-way line of Woolbright Road as shown on said Plat "~700LBRIGHT PLAZ1\" for a distance of'l75.J3 feet; said last three mentioned COUl:'Res be'ing coincident 'wit-h the boundary 1in~s of Tract "1\" of said plat "WOOLBRIGHT PLAZA" thence run NOO Ol'07"E for 19~.04 feet tooa point on ~he North ~ine of 'said Tract "A", thence run N89 IB'lO"E along said North line of Tract "A" for 200.02 feet to the point 6f beginning. Said lands lying in Boynton Bench, Palm Beach County, Florida. t::) o a.: tL,: RECOIlO VERIFIED PALM BEACH COUNTY. Ftt\ JOHN It DUNKLE ClEllK CIRCUIT COURT , RECORD VEmM:(} " ' ~ P,'1M REACH COUlnV, FLA JOlIN B. DUNKLE , CtEnK CIRCUIT COURT ..~ ., .\ i-,.",'"