AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
o July 21,1998
o August 4, 1998
o August 18, 1998
o September 3, 1998
Date Final Form Must be Turned
in to City Clerk's Office
July 10, 1998 (noon)
Requested City Commission
Meeting Dates
o September 15, 1998
o October 6, 1998
o October 20,1998
[8J November 4, 1998
Date Final Form Must be Turned
in to City Clerk's Office
September 4, 1998 (noon)
July 24, 1998 (noon)
September 25' 1998 (noon)
August 7,1998 (noon)
October 9, 1998 (noon)
August 21, 1998 (noon)
October 23, 1998 (noon)
NATURE OF
AGENDA ITEM
o Administrative
[8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
RECOMMENDATION: Please place the request below on the November 4, 1998 City Commission meeting agenda under
Consent - Ratification of Planning and Development Board Action. The request below was tabled through to the November
4, 1998 City Commission meeting. You will recall at the September 15, 1998 meeting the Commission tabled this request to
provide additional notice to adjacent property owners and additional opportunity for petitioner to represent the application.
The Planning and Development Board, with a 6-1 vote, recommended denial of the variance to allow reduction from the
required minimum lot frontage. For further details pertaining to the request, see attached Development Department
Memorandum No. PZ 98-262.
EXPLANATION:
PROJECT: Orchard Landing
AGENT: M. Jeffrey Semko
LOCATION: East of U.S. #1 approximately 185 feet south of Golf Road
DESCRIPTION: Request for variance approval to allow a 75 foot reduction from the required 100 feet minimum lot
frontage requirement; a reduction to 25 feet, in preparation for construction of 20 condominium units on
flag-shaped parcel.
PROGRAM IMPACT: N/A
FISCAL IMPACT: N/A
ALTERNATIVES: N/A
;5 (/' ~~ #
r ~,Ie-tt/~ ( i''{~i:ctJtii
I Department of Development irector's Signature
City Manager's Signature
. J' I 'Ir.'~ .
.7L-L ',;..,r.j tv). 'u . ~",..,..,
Acting Manager mg and Zonmg
City Attorney / Finance / Human Resources
J:ISHRDA T A IPLANNINGISHAREDIWP\PROJECTSIORCHARD LANDING\ZNCV 98-0 Il\AGENDA ITEM REQUEST 11-4-98.DOC
Department of Development
Memorandum No. PZ 98-262
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
Date:
September 4, 1998
File No:
ZNCV 98-011 (minimum lot frontage)
Case No:
258
Location:
East side of U,S. #1 approximately 185 feet south of Golf
Owner:
Diamond Beach Development, Inc,
Project
Name:
Orchard Landing
Variance
Request:
Variance from the City of Boynton Beach Land Development Regulations, Chapter 2 -
Zoning, Section 5,G.2.a, to allow a 75 foot reduction from the required 100 feet minimum lot
frontage requirement; a reduction to 25 feet.
NATURE OF REQUEST
M. Jeffery Semko, agent for Diamond Beach Development, Inc., is requesting a variance to reduce the
required 100 feet minimum lot frontage requirement to 25 feet for the purpose of developing condominiums
on an irregular-shaped lot in the R-3, multi-family residential zoning district on the east side of US 1, south
of Golf Road (see Exhibit "A" - Location map).
BACKGROUND
The subject property is nonconforming as its 25-foot wide frontage on US Highway 1 does not meet the 100
feet minimum lot frontage requirement for properties located in this zoning district. The parcel is f1ag-
shaped. The wider portion of the property that fronts the Intracoastal Watervvay is connected to US Highway
1 by a narrow, 25 feet wide by 330 feet long extension of the property.
The owners of Orchard Landing have recently submitted a site plan application to construct a twenty unit
condominium project at this location in the City. As a part of development approval, a variance is required
for relief against the minimum lot frontage regulation and is being processed prior to site plan review. (See
Exhibit "B" - site plan.) This request represents the third similar request for this variance. On two previous
occasions, one in April of 1993 and the second in July of 1980, these requests were brought to the city and
denied by the City's Board of Adjustment. The subject property, and the property now occupied by the
Gentleman Jim's Restaurant were split apart in 1968, and the restaurant parcel was first sold and
developed in 1975. Both events occurred prior to the establishment of current subdivision and zoning
regulations, According to staffs research, the zoning regulations in place prior to 1975 did not include a
minimum frontage requirement for the subject property, and the property was zoned C-1 prior to 1975 (this
information was taken from a chart on record with the City Clerk's office, dated June 1962, and does not
include a frontage requirement nor minimum lot standard for the C-1 zoning district). The only other records
found indicated that the zoning regulations were changed in 1975.
The following is a description of the zoning districts and land uses of the properties that surround Orchard
Landing:
North -
A restaurant and undeveloped land, zoned R-3.
Page.2
Orchard Landing
File No.: ZNCV 98-011
East
South -
West -
Intracoastal Waterway.
Hampshire Gardens Development, zoned R-3.
Gentleman Jim's Restaurant, zoned R-3and farther west US Highway
1 right of way.
The code states that zoning code variances cannot be approved unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the same zoning
district.
b. That the special conditions and circumstances do not result from the actions of the applicant.
c, That granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure. '
f, That the grant of the variance will be in harmony with the general intent and purpose of this chapter
[ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental
to the public welfare.
ANAL YSIS
As part of evaluating a variance request, staff first looks for alternatives that would minimize or negate the
need for a variance, and looks for evidence of hardship. The subject lot, in its nonconforming condition,
was created 30 years ago, or prior to current zoning and subdivision regulations. Without this variance from
the current frontage requirement, this property is left undevelopable. The only way for the property to meet
code would be through land assemblage and the demolition of the restaurant. Over the past year, staff has
had several conversations with owners of this property, representatives of the adjacent properties, and
consultants attempting to assemble multiple parcels in this vicinity. All involved parties have indicated that
attempts to assemble the properties have been unsuccessful. Although it has previously been argued that
the hardship was self-created over 30 years ago (even though the action may have been consistent with
zoning regulations in place at that time) it is the opinion of staff that this case must now be reviewed against
current facts and circumstances. Therefore, using the above-listed criteria, staff finds that this property
warrants the granting of a variance to reduce the frontage requirement from 100 feet to 25 feet (See Exhibit
C - applicant's justification).
RECOMMENDATION
Based on the above analysis, staff recommends that this request by Diamond Beach Development for a
variance from the City of Boynton Beach Land Development Regulations, Chapter 2 -Zoning, Section
5.G.2.a, to allow a reduction from the required 100 feet minimum lot frontage requirement to 25 feet, be
granted, If this variance request is approved subject to conditions, the subject conditions will be listed in
Exhibit "D" - Conditions of Approval.
MR
xc: Central File
\ICHlMAINlSHRDA TAIPlanmnglSHAREDIWP\PROJECTSIOrchard LandinglZNCV 98-0111S1atf report reduce front setback 'e<\Ulrements.doc
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EXHIBIT nc'
July 27, 1998
VIA HAND DELIVERY
Mr. Michw:l Rumph
Planning Director
City of Boynton Beach
Re: Diamond Beach Development - Requestfor Variance
.
Dear Mr. Rumph:
Please accept this letter as our statement of special conditions. hardships or reasons justifying
the requested vm1ance. We are requesting a vDriancc from the building fronuge and street
. width requirements for residential development under the Boynton Beach Code. As )OU are aware.
our property is an irregularly shaped parcel which sits approximately 350 feet to the enst of U.S.
Highway 1. Our property is connected to U.S.l by approximately 2S foot access driveway. This
configuration pre-existed our ownership of the site.
Inasmuch os Federal Highway is the only public or private street which adjoins or abuts our
property, this 2S foot entry-way would be the only frontage: as definable under the building frontage
requirements of the Code.
Under nonnEll circumstances, our property would possess more than adequate frontage,
hnving a width of approximately 184 feet on it line which pnrnllels U.S.I. Unfortunal~ly. this
frontage is not usable for cnlculations under the Code, QS it is setback from the road by
approximately 350 fcct.
We believe this to be n relatively unique configuration of property and, therefore, the
granting of a variance on this propertj' would not confa any special privilege which would be der.ied
to other land. buildings or structure in the same district. Additionally, we do not believe thnt the
granting of this variance would set any type of precedent which would require: the grnnting of other
variances within the City.
We believe that a liternl interpreta.tion of the building frontage criteria of the Code would
deprive us any developmentnl right on the property and would. therefore, deprive us of the rights
G:\OMZ\7J4liS\1 Ou!J\02oa2~ 10 I
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EXHIBIT "D"
Conditions of Aooroval
Project name: Orchard Landing
File number: ZNCV 98-011, Case No. 258
Reference: Zoning Code Variance Application dated 7/28/98.
DEP ARTMENTS INCLUDE REJECT
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: None X
P ARKS AND RECREATION
Comments: None X
I
I
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. It is recommended that this request be denied.. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
/bme
J.\SHRDATAIPLANNINGISHAREDIWP\PROJECTS\ORCHARD LANDING\ZNCV 98~11ICOND. OF APPR.ZNCVDOC
DEVELOPME' ORDER OF THE CITY COMMIS~ N OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Orchard Landing
APPLICANT'S AGENT: M. Jeffrey Semko
APPLICANT'S ADDRESS: 1815 High Ridge Road, Lake Worth, Florida 33461
DATE OF CITY COMMISSION PUBLIC HEARING: November 4, 1998
TYPE OF RELIEF SOUGHT: Zoning Code Variance (minimum frontage)
LOCATION OF PROPERTY: East side of U.S. 1 approximately 185 feet south of Golf Road
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
HAS
-L 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. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
-L DENIED
5, This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Orchard Landing\ZNCV 98-011\Development Order - zncv.doc
CI-. Y OF BOYNTON BEAL'H
REGULAR CITY COMMISSION MEETING_
AGENDA -.-- -: --~~' . ~ .\ -1 ~
" : ~--;:.."....-----~..,..;,;-----
November 4, 1998
- .
.
.~... 1J
6:30 P.M.
I.
-
OPENINGS:
d___-.-...~ :;~'~_'~~'~
....,....-....--. -- -~-----~_...
A. Call to Graer - Mayor Jerry Taylor
B. Invocation - Reverend Conrad Braaten. Ascension Lutheran Church
C. Pledge of Allegiance to the Flag led by Commissioner Jamie Titcomb
D. Agenda Approval:
1. Additions. Deletions. Corrections
2. Adoption
II. ADMINISTRATIVE:
A. Accept resignation of Mary Cannon. Regular Member, Senior Advisory Board
B. Appointments to be made:
Appointment Length of Term
To Be Made Board Exoiration Date
I Titcomb'" Bldg. Bd. Of Adj, & Appeals Alt 1 yr term to 4/99 TABLED-3
II Denahan'" Code Compliance Board Alt 1 yr term to 9/99 TABLED-3
III Jaskiewicz Code Compliance Board Alt 1 yr term to 9/99 TABLED-2,
II Denahan'" Education Advisory Board Stu 1 yr term to 4/99 TABLED-3
IV Tillman Education Advisory Board Reg 2 yr term to 4/99 TABLED-2
II Denahan Cemetery Board Alt 1 yr term to 4/99 TABLED.2
II Denahan'" Community Relations Board Reg 3 yr term to 4/00 TA6LED-3
IV Tillman* Recreation & Parks Board Reg 3 yr term to 4/99 TABLED.3
III Jaskiewicz'" Adv. Bd. On Children & Youth Stu/Reg 1 yr term to 4/99 TA6LED-3
IV Tillman Advisory Board on Children & Youth Alt 1 yr term to 4/99 TA6LED-Z
Mayor Taylor Advisory Board on Children & Youth Reg 2 yr term to 4/99
III Jaskiewicz Senior Advisory Board Reg 2 yr term to 4/99
III. ANNOUNCEMENTS & PRESENTATIONS:
A. Announcements
1. CRA Workshop Meeting on Friday, November 6, 1998 @ 3:30 p.m. in
West Wing Conference Room "(" to discuss implementation strategies for
1998/99 Visions 20/20 projects
2. Ad Hoc Landscape Committee Meeting - Monday, November 16, 1998 @
7:00 p.m. - West Wing Conference Room "c"
1
AGeNDA
REGULAR CITY COMMISSION
NOVEMBER 4, 1998
.--...,
2. Proposed Resolution No, R98- Re: Approve Water SerJlce
Agreement for YMCA of South Palm Beach County dba YMCA of Boca
Raton
3. Proposed Resolution No, R98- Re: Authorizing the Mayor to sign
a one-year lease (J une 1, 1998 to May 31, 1999) for City Hall in the Mall
with Boynton JCP Associates, Ltd" a Florida Limited Partnership
4. Proposed Resolution No. R98- Re: Approving the first addendum
to Gateway Interlocal Agreement with Palm Beach County
0, Ratification of Planning & Development Board Action:
1. Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately 185'
south of Golf Road - Request for variance approval to allow a 75'
reduction from the required 100' minimum lot frontage requirement; a
reduction to 25', in preparation for construction of 20 condominium units
on flag-shaped parcel (TABLED ON 9/:15/98 - KEEP ON TABLE
UNTIL 11/4/98)
2. Ridgeway Plumbing (Robert Fetrow, PE) - 640 East Industrial Avenue -
Request for major site plan modification approval to construct 18.475
square foot addition
3. Ridgeway Plumbing (Robert Fetrow, PE) - 640 East Industrial Avenue -
Request for appeal from Chapter 7.5. Article II, Landscape Code, Section
5(E) to avoid placing a perimeter landscape buffer along the east side of
the property where the vehicle use area abuts railroad right-of-way
E. Authorize the reimbursement of $5.000 to Fishermen's Catch, dba Boynton
Seafood, due to their successful completion of the store's fa~de improvements
F. Approve the 1998-99 Fatyade Grant Program Application and Program Rules
G. Approve and authorize a cash incentive policy to be offered to
homeowners/customers of the water utility w;,o move and replace their own
plumbing services as water mains are relocated from rear easements to front
yards
H. Motion to approve request submitted by the First Baptist Church of Boynton
Beach to set up a 9' x 70' tent for their hostessing group to serve, at no charge.
cold drinks and cookies in conjunction with their annual Christmas Pageant at the
Church
I. Approve purchase of above-ground fuel tanks at three master lift stations and
1,000,000 gallon water storage facility utilizing SNAPS (State Negotiated
Agreement Price Schedule) Agreement 8301090
3
~~---------_..- .-
AGENDA
REGULAR CITY COMMISSION
NOVEMBER 4, 1998
J. Approve SHIP funds in the amount of $19,100 to Jean Paul and Marie Jean-
Louis to purchase, as first-time homebuyers. the property located at 111 SW 4lh
Avenue, and $12.000 to Joseph Murat Alliance anj Ima Alliance to purchase, as
first tim-e homebuyers, the property located at 647 SW 4th Avenue
K. Approve a contract with Sedgwick of Florida, Inc.. to serve as insurance
consultant for studying the feasibility of establishing an integrated claims and
disability management program at a cost not to exceed $18,000
V. CITY MANAGER'S REPORT:
VI. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3.MINUTE PRESENTATIONS
VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
None
VIII. BIDS:
None
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
None
8. Ordinances _1s1 Reading
None
4
-~-------
-------- -
------
AGENDA
REGULAR CITY COMMISSION
NOVEMBER 4, 1998
C. Resolutions:
None - -
0, Other:
1. Accept the agreed upon settlement with plaintiff in t)'le amount of $52.500
in the case Brad Lynch v. City of Boynton Beach, et at
XII. UNFINISHED BUSINESS:
XIII. OTHER:
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO
ANY MATTER CONSIDERED AT THIS MEETING. HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS
AND. FOR SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. (F.s.286.0105) .
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO
AFFORD AN INDIVIDUAL WITH A DISABIUTY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY
THE BENEFITS OF A SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT
JOYCE COSTELLO. (561) 375-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
JMP
FINAL - 10/26/9811:29 AM
J:\SHROA TA\CC\WP\CCAGENOA.\ 110498.DOC
5
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meetin~ Dates
o July 21, 1998
o August 4,1998
o August 18, 1998
o September 3,1998
Date Final Form Must be Turned
in to City Clerk's Office
July 10, 1998 (noon)
August 21, 1998 (noon)
Requested City Commission
Meeting Dates
r:8J September 15, 1998
o October 6, 1998
o October 20, 1998
o November 3, 1998
Date Final Form Must be Turned
in to City Clerk's Office
September 4, 1998 (noon)
July 24,1998 (noon)
September 25. 1998 (noon)
August 7,1998 (noon)
October 9,1998 (noon)
October 23, 1998 (noon)
NATURE OF
AGENDA ITEM
o Administrative
r:8J Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
RECOMMENDATION: Please place the request below on the September 15, 1998 City Commission meeting agenda under
Consent - Ratification of Planning and Development Board Action. The Planning and Development Board, with a 6-1 vote,
recommended denial of the variance to allow reduction from the required minimum lot frontage. For further details
pertaining to the request, see attached Development Department Memorandum No. PZ 98-262.
EXPLANA TION:
PROJECT: Orchard Landing
AGENT: M. Jeffrey Semko
LOCA nON: East of U .S, # 1 approximately 185 feet'south of Golf Road
DESCRIPTION: Request for variance approval to allow a 75 foot reduction from the required 100 feet minimum lot
frontage requirement; a reduction to 25 feet, in preparation for construction of 20 condominium units on an
irregularly-shaped parcel.
PROGRAM IMPACT: N/A
FISCAL IMP ACT: N/ A
AL TERNA TIVES: N/ A
0~"tc! tZ~_'1r1a-,~t:L
Department of Development Director's Signature
City Manager's Signature
fiG. lL/ .u~
Acting Director ofP n' g and Zoning
City Attorney I Finance I Human Resources
J:\SHRDAT AIPLANNINGISHAREDlWPIPROJECTSIORCHARD LANDINGIZNCV 98-0111AGENDA ITEM REQUEST 9-15-98.DOC
Department of Development
Memorandum No. PZ 98-262
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
Date:
September 4, 1998
File No:
ZNCV 98-011 (minimum lot frontage)
Case No:
258
Location:
East side of U.S. #1 approximately 185 feet south of Golf
Owner:
Diamond Beach Development, Inc.
Project
Name:
Orchard Landing
Variance
Request:
Variance from the City of Boynton Beach Land Development Regulations, Chapter 2 -
Zoning, Section 5.G.2.a, to allow a 75 foot reduction from the required 100 feet minimum lot
frontage requirement; a reduction to 25 feet.
NATURE OF REQUEST
M. Jeffery Semko, agent for Diamond Beach Development, Inc., is requesting a variance to reduce the
required 100 feet minimum lot frontage requirement to 25 feet for the purpose of developing condominiums
on an irregular-shaped lot in the R-3, multi-family residential zoning district on the east side of US 1, south
of Golf Road (see Exhibit "A" - Location map).
BACKGROUND
The subject property is nonconforming as its 25-foot wide frontage on US Highway 1 does not meet the 100
feet minimum lot frontage requirement for properties located in this zoning district. The parcel is flag-
shaped. The wider portion of the property that fronts the Intracoastal Waterway is connected to US Highway
1 by a narrow, 25 feet wide by 330 feet long extension of the property.
The owners of Orchard Landing have recently submitted a site plan application to construct a twenty unit
condominium project at this location in the City. As a part of development approval, a variance is required
for relief against the minimum lot frontage regulation and is being processed prior to site plan review. (See
Exhibit "B" - site plan.) This request represents the third similar request for this variance. On two previous
occasions, one in April of 1993 and the second in July of 1980, these requests were brought to the city and
denied by the City's Board of Adjustment. The subject property, and the property now occupied by the
Gentleman Jim's Restaurant were split apart in 1968, and the restaurant parcel was first sold and
developed in 1975. Both events occurred prior to the establishment of current subdivision and zoning
regulations. According to staffs research, the zoning regulations in place prior to 1975 did not include a
minimum frontage requirement for the subject property, and the property was zoned C-1 prior to 1975 (this
information was taken from a chart on record with the City Clerk's office, dated June 1962, and does not
include a frontage requirement nor minimum lot standard for the C-1 zoning district). The only other records
found indicated that the zoning regulations were changed in 1975.
The following is a description of the zoning districts and land uses of the properties that surround Orchard
Landing:
North -
A restaurant and undeveloped land, zoned R-3.
i
j
Page 2
Orchard Landing
File No.: ZNCV 98-011
East
South -
West -
Intracoastal Waterway,
Hampshire Gardens Development, zoned R-3,
Gentleman Jim's Restaurant, zoned R-3and farther west US Highway
1 right of way.
The code states that zoning code variances cannot be approved unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the same zoning
district.
b. That the special conditions and circumstances do not result from the actions of the applicant.
c. That granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure. .
f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter
[ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental
to the public welfare.
ANALYSIS
As part of evaluating a variance request, staff first looks for alternatives that would minimize or negate the
need for a variance, and looks for evidence of hardship. The subject lot, in its nonconforming condition,
was created 30 years ago, or prior to current zoning and subdivision regulations. Without this variance from
the current frontage requirement, this property is left undevelopable. The only way for the property to meet
code would be through land assemblage and the demolition of the restaurant. Over the past year, staff has
had several conversations with owners of this property, representatives of the adjacent properties, and
consultants attempting to assemble multiple parcels in this vicinity. All involved parties have indicated that
attempts to assemble the properties have been unsuccessful. Although it has previously been argued that
the hardship was self-created over 30 years ago (even though the action may have been consistent with
zoning regulations in place at that time) it is the opinion of staff that this case must now be reviewed against
current facts and circumstances. Therefore, using the above-listed criteria, staff finds that this property
warrants the granting of a variance to reduce the frontage requirement from 100 feet to 25 feet (See Exhibit
C - applicant's justification).
RECOMMENDATION
Based on the above analysis, staff recommends that this request by Diamond Beach Development for a
variance from the City of Boynton Beach Land Development Regulations, Chapter 2 -Zoning, Section
5.G.2.a, to allow a reduction from the required 100 feet minimum lot frontage requirement to 25 feet, be
granted. If this variance request is approved subject to conditions, the subject conditions will be listed in
Exhibit "D" - Conditions of Approval.
MR
xc: Central File
IICHIMAINISHRDATAIPlannlnglSHAREDlWPIPROJECTSIOrchard LandinglZNCV 98-{)111s1aff report reduce front setback requiremenls.doc
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LOCATION MAP
ORCHARD LANDING
EXHIBIT "An
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EXHIBIT "C"
July 27, 1998
VIA BANV DELIVEnY
Mr. Michael Rumph
Planning Director
City of Boynton Beach
Re: Diamond Beach Development - Request/or Variance
"
Dear Mr. Rumph:
Please accept this letter as our statement of special conditions.1uudships or reasons justifying
the requested variance. We are requesting a variance from the building frontage md ~1reet
. width requirements for residential development under the Boynton Beach Code. As you are aware.
our property is an irrcgulmly shaped 13a.rtcl which sits approximately 350 feet to the east of U.S.
Highway I. Our property is connected to U.S.l by approximately 2S foot nccess driveway. This
configuration pre-existed out ownership of the site.
Inasmuch as Federal Highway is the only public or private street which adjoins or abuts our
property, this 2S foot entry-wuy would be thc only ftDntage as defmable under the building frontage
requirements of the Code.
Under nonnal circumstances, our property would possess more than adequate frontage,
having a width of ppproximately 184 feet on a line which paro11els U.S.1. Unfortunately. this
frontage is not usable for calculations under the Code, as it is setback from the road by
approximately 350 fect.
We believe this to be n relatively unique configuration of property and, therefore, the
granting of a variance on this property would not confer any special privilege which would be denied
to other lllnd. buildings or structure in the same district. Additionally, we do not believe thnt the
granting of this variance would set any type of precedent whieh would require the gnmting of other
variances within the City .
We believe that a liteml interpretation of the building frontage criteria of the Code would
deprive us any developmental right on the property and would. therefore, deprive us of the rights
O:\DMZ\73411S\I06B3\OlOOI()I.OI
7127191
:OOd
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EXHIBIT "D"
Conditions of Approval
Project name: Orchard Landing
File number: ZNCV 98-011, Case No. 258
Reference: Zoning Code Variance Application dated 7/28/98.
DEPARTMENTS INCLUDE REJECT
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: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. It is recommended that this request be denied.. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
/bme
J:ISHRDATAIPLANNINGISHAREDlWPIPROJECTSIORCHARD LANDING\ZNCV 9S-a11ICOND. OF APPR-ZNCV.DOC
DEVELOPMENT-"')RDER OF THE CITY COMMISSI,. OF THE
CIT. JF BOYNTON BEACH, FLORIDA
PROJECT NAME: Orchard Landing
.
APPLICANT'S AGENT: M. Jeffrey Semko
APPLICANT'S ADDRESS: 1815 High Ridge Road, Lake Worth, Florida 33461
DATE OF CITY COMMISSION PUBLIC HEARING: September 15, 1998
TYPE OF RELIEF SOUGHT: Zoning Code Variance (minimum frontage)
LOCATION OF PROPERTY: East side of U.S. 1 approximately 185 feet south of Golf Road
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 MA TIER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
-L 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. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
-L DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Orchard Landing\ZNCV 98-011\Development Order - zncv,doc
--~~-_._-------_._------_._-----_._._-------~~
Facsimile
TRANSMITTAL
CITY OF BOYNTON BEACH
100 E. BOYNTON BEACH BOULEVARD
P.O. BOX 310
BOYNTON BEACH, FLORI DA 33425-0310
FAX: (561) 742-6259
PLANNING AND ZONING DIVISION
to:
fax #:
date:
from:
re:
M. JEFFREY SEMKO
533- /"84.{) S Co <6 Co
9/10/98
PLANNING AND ZONING
CITY COMMISSION MEETING AGENDA FOR 9/15/98 AND BACKUP
PACKAGE FOR ORCHARD LANDING.
A REPRESENATIVE MUST BE PRESENT FOR THE MEETING.
pages: I S
, including cover sheet.
Planning and Zoning Division
City of Boynton Beach
Boynton Beach, Florida 33425
742-6260
Fax: 742-6259
Agenda
Regular City Commission
October 6,1998
11. Proposed Resolution No. R98- Re: Confirming the appointment
of George Mantell as Street Supervisor of the City of Boynton Beach and
authorizing the City Manager to execute an appointment contract on
behalf of the City with George Mantell
1/12. Proposed Resolution No. R98- Re: Confirming the appointment
of Hanna Matras as Economic Research Analyst in the Development
Department of the City of Boynton Beach and authorizing the City
Manager and Mayor to execute an appointment contract on behalf of the
City with Hanna Matras
13. Proposed Resolution No. R98- Re: Approving and ratifying the
collective bargaining agreement between the City of Boynton Beach and
the Boynton Beach Association of Firefighters, IAFF Local 1891, for the
contract term commencing October 1, 1997 through September 30, 1998
and authorizing the Mayor to execute a Letter of Understanding
accompanying said contract bargaining agreement
14. Proposed Resolution No. R98- Re: Authorizing and directing the. -
Mayor and City Clerk to execute an interlocal agreement between the City
of Boynton Beach and the Solid Waste Authority of Palm Beach County,
providing for municipal recycling and grant management
D. Ratification of Planning & Development Board Action:
J 1. Orchard Landing (M. Jeffrey Semko) - East of US #1 approximately 185'
south of Golf Road - Request for variance approval to allow a 75'
reduction from the required 100' minimum lot frontage requirement; a
reduction to 25', in preparation for construction of 20 condominium units
on flag-shaped parcel (TABLED ON 9115198 - KEEP ON TABLE UNTIL
1114/98)
- 2. Stor-A11 - North of Boynton Beach Boulevard, west of 1-95 on Industrial
Way - Request site plan approval to construct an 84,830 square foot self-
service storage facility on a 4.353 acre parcel of land - TABLED TO
10106
3. Rdelity Federal - (2505 Woolbright Road; northeast comer of Woolbright
Road and Congress Avenue) - Undsey Walter, Kilday and Assodates, Inc.
- Request for site plan approval to construct a 4,200 square foot bank
building and Associated parking on a 1.02 acre parcel of land.
4. Auto Care Centers of America (Southeast comer of Woolbright Road and
Congress Avenue) - Annette Stauffer, Sign Craft - Request approval for
sign program (TABLED TO .10/06)
E. Approve request submitted by Barnes & Noble, Baits Real Estate, and
International Art Resource, Inc., to hold a Festival and Arts and Crafts Show on
January 23-24, 1999 between the hours of 10:00 a.m. and 5:00 p.m. in the
4
Agenda
Regular City Commission
October 6, 1998
parking area of the Boynton Commons Shopping Center at the comer of
Congress Avenue and Boynton Beach Boulevard
F, Approve Change Order #5 in the amount of $13,602.75 to Mouw & Associates,
Inc., for additional electrical work at the 1913 Schoolhouse Museum
G. Approve the purchase of a scoreboard and bleachers for Ezell Hester, Jr. Park
using funding from the Recreation Dedication Reserve Account #641-000-1-
473.60. Bleachers to be purchased from Outdoor Aluminum at a cost of $18.198
under SNAPS agreement #805922, and the scoreboard to be purchased from
Scoreboard Enterprises at a cost of $5,995
V. CITY MANAGER'S REPORT:
A. Neighborhood Partnership Program with Chapel Hill
VI. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3-MINUTE PRESENTATIONS
VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
",/ A.
Project:
Agent:
Location:
Description:
Ameritech International, Inc.
R. Joseph Mulhern
SW 3rd Avenue, east of SW 8th Street
Request for approval for abandonment of an alley located
at SW 3rd Avenue, east of SW 8th Street, to allow for
assembly with adjacent lots and development of single-
family homes.
VIII. BIDS:
A. Approve lease of Xerox 4850 Laser Printing System at a monthly cost of
$4.428.26
IX. DEVELOPMENT PLANS:
None
X. NEW BUSINESS:
5
Agenda
Regular City Commission
September 15, 1998
2. Proposed Resolution No. R98-153 Re: Approving a hold harmless
agreement between the City of Boynton Beach and OLEN Residential
Realty allowing ~he City's Fire/Rescue Department to conduct training
exercises on the structures located at 1632 North Federal Highway in
Boynton Beach, Florida
3. Proposed Resolution No. R98-154 Re: Approving the naming of the
alley behind Cafe Barista as "Barista Way"
4. Proposed Resolution No. R98-155 Re: Approving the purchase of
the Lucille & Otley's property
D. Ratification of Planning & Development Board Action:
1. Stor-AII (Scott A. Nickle) - North of Boynton Beach Boulevard, west of 1-
95 on Industrial Way - Request site plan approval to construct an 84,830
square foot self-service storage facility on a 4.353 acre parcel of land -
TABLED ON 9/3/98
2. Habitat for Humanity (John Shelly) - (NW 5th Avenue) - Request for a
variance to allow a 4.7 foot reduction from the required 25 foot front yard
setback to 20.3 feet and a 9.8 foot reduction from the required 25 foot
rear yard setback to 15.2 feet on one lot and allow a 5 foot reduction from
the rear setback from 25 feet to 20 feet on a second adjacent lot for the
purpose of constructing two single-family dwellings on Lots 19,20 and 21
of the Rolling Green Ridge Second Addition Subdivision
3. Orchard Landing (M. Jeffrey Semko) - (East of US #1 approXimately 185'
south of Golf Road) - Request for variance approval to allow a 75'
reduction from the required 100' minimum lot frontage requirement; a
reduction to 25', in preparation for construction of 20 condominium units
on an irregularly-shaped parcel
4. Golfview Harbour 3rd Section Plat (City of Boynton Beach) - (Southeast
corner of south Congress Avenue and SW 23rd Avenue) - Request for
approval of abandonment of utility and drainage easements lying in Block
18, together with the utility easement lying between Lots 35 and 36, and
drainage easement lying between Lots 28 and 29, both of Block 16,
located in a portion of the plat of Golfview Harbour 3rd Section
5. Original Pancake House (Hendrik DeMello) - (Northside of Gateway
Boulevard, immediately east of the Hampton Inn) - Request for variance
approval to reduce the required side setback from 20' to 16' to allow
sufficient space for a proposed restaurant and required parking
6. Original Pancake House (Hendrik DeMello) - (Quantum Park - Lot 1) -
Request for site plan approval to construct a 4,710 square foot restaurant
on a 1.15 acre parcel of land and associated parking
3
_ Agenda
Regular City Commission
September 15, 1998
7, Semsco International OfficelWarehouse (Ron Last of Lawson, Noble and
Webb, Inc.) - (Lot 15, High Ridge Commerce Park) - Request for site
plan approval to construct a 4,487 square foot office/w3rehouse building
and associated parking on a 1.27 acre parcel of land
8, Auto Care Centers of America (Annette Stauffer, Sign Craft) - (Southeast
corner of Woolbright Road and Congress Avenue) - Request approval for
sign program
E. Approval of Bills
F. Approve direct purchase and prepayment of HVAC equipment from Trane
Corporation for the 1913 Schoolhouse
G. Approve Code Compliance Board action to reduce the lien in Case #97-3346
from $5,300 plus administrative costs to $1,000 plus administrative costs for a
total of $1,730.15 for Next Boynton Development - TABLED ON 9/3/98
H. Approve Code Compliance Board action to reduce the lien in Case #97-3347
from $5,300 plus administrative costs to $730.15 for Next Boynton Development
- TABLED ON 9/3/98
I. Approve Code Compliance Board action to reduce the lien in Case #97-3379
from $5,300 plus administrative costs to $730.15 for Next Boynton Development-
TABLED ON 9/3/98
J. Approve request submitted by Elliott Williams, 1998 American Heart Walk Chair,
to hold the Boynton/Delray Beach Heart Walk on Saturday, October 3, 1998
beginning and ending at Motorola from 7:30 a.m. to 11 :00 a.m.
K. Approve request submitted by Bruce Black seeking permission to close West
Ocean Avenue from Seacrest to 151 Street in order to have a block party on
Saturday, September 19, 1998
L. Approve "Search for the Stars" Musicfest and Block Party on October 2, 1998
from 6:00 p.m. until midnight in the 500 Block of East Ocean Avenue
M. Approve SHIP funds in the amount of $14,500 to Catherine Allen, a first time
homebuyer, to purchase the property located at 318 NE 20th Avenue
V. CITY MANAGER'S REPORT:
VI. PUBLIC AUDIENCE:
INDIVIDUAL SPEAKERS Will BE LIMITED TO 3-MINUTE PRESENTATIONS
4
Agenda
Regular City Commission
September 15, 1998
VII. PUBLIC HEARING: 7:00 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS
A. Approve the following land purchases for use in the City's Affordable Housing
Program (Infill):
J. Walter Stroud: Lots 10 and 11, Block 2, Happy Home Heights Subdivision,
for $9,660 which is the tax.assessed value (Exhibit "Aft)
Lincoln and Ethel Thomas: Lots 50 to 54 inclusive and the west 5' of Lot 55, Cherry
Hills Subdivision, and Lots 60 to 66 inclusive, and the west
5' of Lot 67, Cherry Hills Subdivision for $46,750 which is
in line with the appraised value (Exhibit "BIf)
B. Accept public comments regarding grant in the amount of $139,692 from the
Bureau of Justice, Local Law Enforcement Block Grants Program (PROPOSED
RESOLUTION NO. R98-156)
VIII. BIDS:
A, Approve award of the Property and Casualty Insurance Program for Fiscal
Year/Policy Year 1998/99
IX. DEVELOPMENT PLANS:
None
x. NEW BUSINESS:
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBLIC HEARING
1. Proposed Ordinance No. 098-36 Re: Amerding the Land
Development Regulations, Chapter 2 - Zoning, allowing day care as an
ancillary function to a church located in R-1-AA zoning
2. Proposed Ordinance No. 098.37 Re: Amending Section 13-20,
Special Events, by deleting section in its entirety and creating a new
section 13.20 entitled "Special Events", providing for definition,
application process for special event permits, standards for issuance of
permits. conditions for permits. policy and procedures
3. Proposed Ordinance No. 098-38 Re: licensing & inspection of
rentals regarding single-family homes
5
_.__._--"-------~ ~-+-------_._---
Agenda
Regular City Commission
September 15, 1998
4. Proposed Ordinance No. 098-39 Re: Amending Chapter 18, Article
VI, providing for the creation of an Ex Officio, non-voting position on the
Board of Trustees of the Municip2: Firefighters' Pension Fund
B. Ordinances - 1 sl Reading
1. Proposed Ordinance No. 098-41 Re: Amending Part II, Chapter 6,
"Cemeteries" of the Code of Ordinances by amending Section 6-19,
Disinterments, to provide authority for regulation of disinterments to the
Cemetery Board of Governors
C. Resolutions:
None
D. Other:
1. Accept agreed-upon settlement with plaintiff in the amount of $26,000 in
the case of Sonja Dennis v. City of Boynton Beach
2. Moratorium on gas stations within the City of Boynton Beach
XII. UNFINISHED BUSINESS:
XIII. OTHER:
XIV. ADJOURNMENT:
NOTICE
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING, HE/SHE WILL NEED A RECORD OF THE PROCEEDINGS AND, FOil SUCH PURPOSE, HE/SHE MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED. (F.s.286.0105)
THE CITY SHALL FURNISH APPROPRIATE AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A SERVICE. PROGRAM. OR ACTIVITY
CONDUCTED BY THE CITY. PLEASE CONTACT JOYCE COSTELLO, (561) 375-6013 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE
PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
FINAL - 9/9/9811 :39 AM
JMP
6
. ~vTICE 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 zoni(1g code of said Ci!y.:--- --
., - ---,;;V rs r~- I
Case #258 :: ~ ';, ^-' ~ f/ II Ii
;/ Il' :^ 20 ICQ8 <~
Owner: Diamond Beach Development, Inc. - ~ \ " ,vv I
l:::_;,;~;'~i~;G AND
~1J~,lF\jG DEPI
Variance
Requested:
Request for variance from Chapter 2 - Zoning, Section 5.G.2.a, to
allow a 75 foot reduction from the required 100 foot minimum lot
frontage requirement; a reduction to 25 feet.
Location: East side of U.S. #1 approximately 185 feet south of Golf
Legal Description: A PARCEL OF LAND LYING PARTLY IN THE SOUTH ONE HALF OF
SECTION 33 AND PARTLY IN THE SOUTH ONE HALF OF SECTION 34,
TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY FLORIDA,
SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST-WEST QUARTER
SECTION LINE OF SAID SECTION 33 WITH THE EAST RIGHT OF WAY LINE
OF U.S. HIGHWAY NO.1 STATE ROAD NO.5 AS SHOWN IN ROAD PLAT
BOOK 2 ON PAGE 159, PUBLIC RECORDS OF PALM BEACH COUNTY;
THENCE EASTERLY, ALONG SAID EAST-WEST QUARTER SECTION LINE
A DISTANCE OF 334.48 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE EASTERLY ALONG THE SAME COURSE, A DISTANCE OF
232.50 FEET TO THE QUARTER SECTION CORNER IN THE EAST LINE OF
SAID SECTION 33; THENCE CONTINUE EASTERLY, ALONG THE EAST-
WEST QUARTER SECTION LINE OF SAID SECTION 34, A DISTANCE OF
155,90 FEET TO AN INTERSECTION WITH THE WEST RIGHT OF WAY LINE
OF THE INTRACOASTAL WATERWAY, AS SHOWN IN PLAT BOOK 17 ON
PAGE ON PAGE 13A; THENCE SOUTHWESTERLY ALONG SAID WEST
RIGHT OF WAY LINE, A DISTANCE OF 211.64 FEET TO AN INTERSECTION
WITH THE EASTERLY EXTENSION OF A LINE 209.46 FEET SOUTH OF, AS
MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SAID EAST-
WEST QUARTER SECTION LINE OF SECTION 33; THENCE WESTERLY,
ALONG SAID PARALLEL U'!E A DISTANCE OF 715.02 FEET TO AN
INTERSECTION WITH THE SAID EAST RIGHT OF WAY LINE OF U,S.
HIGHWAY NO, 1. THENCE NORTHEASTERLY, ALONG SAID EAST RIGHT
OF WAY LINE, A DISTANCE OF 25.11 FEET TO AN INTERSECTION WITH A
LINE 184.46 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES, AND
PARALLEL WITH THE SAID EAST-WEST QUARTER SECTION LINE OF
SECTION 33; THENCE EASTERLY, ALONG SAID PARALLEL LINE, A
DISTANCE OF 352.17 FEET; THENCE, NORTHERLY, AT RIGHT ANGLES
TO THE PRECEDING COURSE, A DISTANCE OF 184,46 FEET TO THE
POINT OF BEGINNING. AS DETERMINED AND IDENTIFIED ON A SURVEY
AND SUBDIVISION PLAT PREPARED BY: O'BRIEN, SUITER & O'BRIEN,
INC., DELRAY BEACH, FL.
Proposed Use: Condominiums
-~_._-_._--_.__._--~~~-----_.._-_._'~~-----_..__.-
A PUBLIC HEARING BEFORt: City Commission will be held rela/, to the above application at
., City -Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on
Wednesday, November 4, 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 s~ch 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) 742-6260
PUBLISH:
The Palm Beach Post
October 20, 1998
J:ISHRDA T AIJ>LANNINGISHAREDIWPIJ>ROJECTS\Orchard landing\ZNCV98-0 11 \lglnolice.doc