REVIEW COMMENTS
7.A.2
ORCHARD LANDING
ZONING CODE VARIANCE
_________._ ____,_._.____....._____"______._,__,~_..__.____^_._--,._.__n__"__ _ __
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.
/
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
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EXHIBIT "C"
July 27 t 1998
VIA H.Alm DELlWlU:
Mr. Michael Rumph
Planning Director
City of Boynton Beach
Re: Diamond Beach Development - Request/or Variance
.
Dear Mr. Rumph:
Please accept this Jetter as our statement of special conditions, hardships or reasons justifying
the requested variance. We are requesting a variance from the building frontage and street
. width requirements for residential development under the Boynton Beach Code. As you are aware.
our property is an irregularly shaped parcel which sits approximately 350 feet to the east of U.S.
Highway 1. Our property is connected to U.S.1 by approximately 25 foot access driveway. This
configuration pre-existed out ownership of the site.
Inasmuch as Federal Highway is the only public Dr private street which adjoins or abuts our
property, this 2S foot entry-wuy would be the only ftontagc as definable under the building frontage
requirements of the Code.
Under nonna! circumstances, our property would possess more than adequate ftontagc,
having a width of approximately 184 feet on a line which parallels U.5.1. Unfortunately, this
frontage is not usable for calculations under the Code, BS it is setback from the road by
approximately 350 fcct.
We believe this to be B relatively unique confiauration of property and, therefore, the
granting of Ii variance on this property would not confer any special privilege which would be denied
to other land, buildings or structure in the same district. Additionally, we do not believe thot the
granting of this variance would set any type of precedent which would require the granting of other
variances within the City.
We believe that a liternl interpretation of the building frontage criteria of the Code would
deprive us any developmental right on tite property and would. therefore, deprive us of the rights
O:\OMZ\ 7 34lS\ I 0683\010016 , .0 I
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0..... .RTMENT OF DEVELOPMENT
MEMORANDUM No. PZ 98-229
FROM:
Sue Kruse
City Clerk
iI:I{)I!-/:"7r~
Michael W. Rumpf
Acting Manager of Planning and Zoning
TO:
DATE:
October 14, 1998
RE:
Orchard Landing
Case No. 258
File No. ZNCV 98-011 (front setback)
A legal advertisement for this request will be forwarded to your office after review by
the City Attorney. The variance was rescheduled for the November 4, 1998 City
Commission Public Hearing to give the applicant additional opportunity for presenting
the project and advertisement.
MWR:bme
xc: Central File
Attachments
J:\SHRDA TAIPLANNINGISHAREDIWPlPROJECTSIOn:hard LandlngIZNCV98-011ILEGALNOT.DOC
".
f\... .UEST 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: Planning and Zoning Division
PREPARED BY: Daniel DeCarlo
DA TE PREPARED:
August 18. 1998
BRIEF DESCRIPTION OF NOTICE OR AD: Variance for relief from the 100 foot
minimum lot frontaQe required for the R-3 zoninCl district. Request is for a 75 foot
variance: or a 25 foot lot frontage.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
Standard Legal Ad for Planning and Development Board Meeting on September 8.
1998 at 7:00 p.m.
SEND COPIES OF AD TO: Newspaper (10/16/98). applicant and Director of Planning
and Zoning.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED: October 20.1998
LAST DATE TO FAX TO NEWSPAPER: October 16.1998
APPROVED BY: /J
, .f/
(1) )1ut'~ ~M' /// I~L~)~/.4 /
(Originator) , '"'ihv
iU~ 1/' "~/'>-1 t)
I /1- /~
~ /
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J :\SHRDA T A \PLANNING\SHARED\WP\PROJECTS\Orchard Landing\ZNCV98-011\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 #258
Owner:
Variance
Requested:
Location:
Legal Description:
Proposed Use:
Diamond Beach Development, Inc.
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.
East side of U.S. #1 approximately 185 feet south of Golf
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 LINE 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.
Condominiums
~~~~_._--_._-,---"--,_.-------------~--_..."-
. A PUBLIC HEARING BEFORE City Commission will be held relati\l, _ 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 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) 742-6260
PUBLISH:
The Palm Beach Post
October 20, 1998
l'\sHRDA T A IPLANNING\SHAREDI WPIPROJECTS\Orchard Landing\ZNCV98-OII\Lglnolice.doc
_ ~ \lELOPMENT DEPARTMENT
MEMORANDUM No. PZ 98-229
FROM:
Sue Kruse
City Clerk
/:'{~-rc-
Michael W. Rumpf
Acting Director of Planning and Zoning
TO:
DATE:
August 18, 1998
RE:
Orchard Landing
Case No. 258
File No. ZNCV 98-011 (front setback)
Accompanying this memorandum you will find an application and supporting
documentation for the above-referenced case. An application fee in the amount of $400
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 September 8, 1998
Planning and Development Board Public Hearing.
MWR:bme
xc: Central File
Attachments
J:ISHRDA TAIPLANNINGISHAREDIWPlPROJECTSIOrchard Landing\ZNCV98-011ILEGALNOT.DOC
..::.....tUEST 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:
Auaust 18. 1998
BRIEF DESCRIPTION OF NOTICE OR AD: Variance for relief from the 100 foot
minimum lot frontage reauired for the R-3 zoning district. Reauest is for a 75 foot
variance: or a 25 foot lot frontaae.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
Standard Leaal Ad for Plannina and Development Board Meetina on September 8.
1998 at 7:00 p.m.
SEND COPIES OF AD TO: Newspaper (8/21/98). applicant and Director of Plannina
and Zonina.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED: August 24.1998
LAST DATE TO FAX TO NEWSPAPER: Auaust 21.1998
APPROVED BY:
(1 ) Jv~' .~. '7/;-,_ ,,//.!.-
(Originator) / -
I
I
~ J c ~
, - .:t c- (\
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J:\SHRDA T A \PLANNING\SHARED\WP\PROJECTS\Orchard Landing\ZNCV98-011\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 #258
Owner:
Variance
Requested:
Location:
Legal Description:
Proposed Use:
---------_.__.._---~_._--~~-~.-
Diamond Beach Development, Inc.
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.
East side of U.S. #1 approximately 185 feet south of Golf
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 EASTERl Y, 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 LINE 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.
Condominiums
A PUBLIC HEARING BEFOr E Planning and Development Bo .11 be held relative to the
above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton
Beach, Florida, on Tuesday, September 8, 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
August 24, 1998
J :\SHRDA T A IPLANNING\SHARED\ WPIPROJECTS\Orchard Landing\ZNCV98-O 11 \Lglnotice.doc
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