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APPLICATION #1 APPLICATION ACCEPTANCE DATE: RECEIVED BY STAFF MEMBER: FEE PAID: RECEIPT NUMBER: CITY OF BOYNTON BEACH ZONING CODE VARIANCE APPLICATION SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETING AND SUBMITTAL DATES: Please Print (in ink) or Type Submittal Date: October 17, 1997 The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Bard 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 follow: Lot(s) Block , Subdivision Plat Book Not Platted Page N/A or otherwise described as follows: Property Address Phase II Melear PUD SW Corner of Congress and Sandlewood. Variance requested Variance to allow sign wall greater than 6' in height. Sign code (Article V Section 1.d) The following documents are required to be submitted with this application 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 of sketch property K. Surveyor's certificate 2. Two site plans properly dimensioned and to scale showing: Page 2 . '. Zoning Code Variance Applrcatlon A. All proposed structures 8. 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-ot-way lines tor 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 01 their property within 400 feet of subject property, as recorded in the County Courthouse. Such list shall be accompanied by an Affidavit (sE?e attached) stating that to the best of the applicant's knOWledge, said list is complete and accurate. 4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement. If an a ent is submittin the etition a notarized co of a letter desi natin him as such must accompany the Detition, 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 orint or type): 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 chapter 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 reasona-b/e use of the land, building or structure; F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. 6. An application fee in the amount of $400.00, payable to the City of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. Page 3 Zoning Code Variance Application 7. Name and address of ownec Gene & Glick Management B. Name of applicant: P.A.C. Land Development, Donaldson Hearing _ Agent Applicant's address: 730 Bonnie Brae Street, Winter ParI!:, FL 32789 -3065 Applicant's phone #: Date: October 16, 1997 Signature of Applica Agen ~ 1. TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE Property is presently zoned: formerly zoned: 2. Property Control Number: 3. Denial was made upon existing zoning or sign requirements (list section(s) of COde from which relief is required): 4. Nature of exception or variance required: Date: Permit denied - Building Department 5. Case Number. Meeting Date: Variance #1 - LOR Ch2 4.j.1 Via Lugano at Melear PUO Boynton Beach, Florida The applicant is requesting relief from Chapter 2 Section 4.J.1 to allow for the use of a five foot decorative fence and column sections within the front yard setback (20 feet from Congress Avenue) of the Via Lugano project and to allow entrance feature walls and decorative elements to exceed the 4 foot height limitation. The building front yard setback for Via Lugano (Phase II of the Melear PUD) was established on the Master Plan as 40 feet. The applicant proposes the use of five foot fence column sections located 20 feet from the property. The fence sections are for decorative purposes only and are not continuous. The fence sections are not intended for security or buffering purposes. The applicant also has proposed Artistic Decorative Wall features on either side of the entrance road and a focal fountain element within the median. A literal interpretation of the above code section would allow the portion of the walls within the building setback (40 feet from Congress Avenue) to be 6 feet for walls and 45 feet for accessory structures but limits that portion between 40 feet and the proposed 20 foot setback to 4 foot. The applicant's proposed decorative wall features exceed 6 feet in height and are integral to the project's entry design. While signage is a part of the walls, it is only a minor component of the overall entry feature expression. A. Special circumstances do exist which are peculiar to the subject property. A 20 foot utilities easement, which was dedicated to the City by the original developer of the Melear PUD, limits the placement of proposed fence and entry features. Proposed fence sections are located a maximum of 20 feet from the Congress Avenue right-of-way. The signage face is located 35 feet from the property line. Due to these constraints, and in keeping with the scale of the project, the entrance feature and fence sections exceed 4 feet, and the archway of the decorative wall exceeds 6 feet. Concerning the walls on either side of the main entrance, it should be noted that the applicant proposes a column, wall and fence combination. The heights are varied to create architectural interest and character. The columns and archway of the sign wall is a maximum of 8 feet 1 inch high. The majority of the wall is 2 feet 7% inches high with a picket fence on top averaging 5 feet overall. Chapter 2 Section 4.J.1 of the LDR's is intended to regulate buffer walls and buffer fences. The applicant's features are intended to be aesthetic and sculptural in nature and are not used as a buffer. In our opinion, the Land Development Regulation did not anticipate such elements and are intended to protect the adjacent property owners from adverse impacts resulting from large barrier walls. It is the applicant's opinion that the proposed Via Lugano fencing and hardcape e,\project\genera~a-m\melearvar -1 . doc Via Lugano at Melear PUD - Vanance #1 Boynton Beach, Florida Page 2 of2 elements, including the proposed architectural walls are consistent with the spirit and intent of the LOR's and with the policy objectives of the Comprehensive Plan. B. The special circumstances that exist do not result from the actions of this applicant. Easements were needed to better serve the majority of the City of Boynton Beach residents. The easements where in place at the time the applicant purchased the land. Additionally, we believe the code is silent on the height of aesthetic elements in the landscape. It is the intent of the PUD zoning to encourage "creative design and an improved living environment." We believe Via Lugano meets and exceeds these directives. C. The granting of the requested variance will not in any way confer special privileges on the applicant that is denied other lands. The subject property is a Planned Unit Development which is intended to encourage unique design. A 20 foot utility easement along the front of residential properties is greater than what is commonly found. D. Literal interpretation of the LOR Chapter 2 Section 4.J.1 and Article IV Section 1.d would limit the applicants ability to successfully market a high end residential development in the City of Boynton Beach. E. The variance sought is the minimum that will make possible the desired aesthetic appearance. Fence Sections Columns are 5 feet with a decorative finial measuring a total height of 7 feet % inch. The picket fence is 5 feet 0 inch. Fence sections are setback 20 feet from Congress Avenue. The fence height has been reduced 1 foot from the previous submittal. Entry Feature Walls As with the Fence Sections, the columns are 5 feet with a finial for a total of 7 feet 4 3/8 inches. The walls and planter are 2 feet 7% inches with a 3 foot picket fence section on top. The overall height has been reduced from 6 feet to 5 feet overall. The Entry Feature Walls are located at a minimum of 20 to 49 feet from the Congress Avenue right-of-way. F. The granting of this variance is harmonious with the general intent and purpose of the City of Boynton Beach Land Development Regulations and the goals and objectives of the comprehensive plan to encourage upscale housing development. The hardscape features proposed are simply an extension of the overall landscape expression of the Via Lugano project. Page 4 Zoning Code Variance Application TO BE FILLED OUT BY BOARD PLANNING AND DEVELOPMENT BOARD: Approved Aye Denied Nay Stipulations: Signed: .'- Chairman Page 5 Zoning Code Variance Application CERTIFICATION 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. NOTICE TO APPLICANTS FOR REZONING AND/OR LAND USE ELEMENT AMENDMENT CONDITIONAL USE APPROVAL ZONING CODE 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 label~. 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\FORMS\APPSIZHCVlZNCV.APP J unel. 1997 . Cotleur HeariDg landscape Archileclure Planning Environmenlal Consulting Graphic Design October 29, 1997 Via Hand Delivery Jersey Lewicki City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 Re: Via Lugano Zoning Code Variance Application Dear Jerry: Pursuant to our telephone conversation this past Friday, October 24,1997, we have revised our application for variance for the Via Lugano project. As you requested, we are now submitting two complete applications for variance. Variance number 1 is to allow deviation from LDR Section Chapter 2, Section 4 J.1 to allow fences and walls greater than four feet in height within the front yard setback. Variance number 2 is a variance from Article IV, Section 1.d of the Sign Code to allow sign walls greater than 6' in height. Please find enclosed the two revised applications and their related Justifications. We are also enclosing one additional set of surveys and plan documents required for the second variance application. Thank you for your assistance, should you have any further questions, please do not hesitate to contact me. onaldson Hearing DEH:ac Enclosure Suite 402 1070 E. Indianlown Road Jupiter, Florida 33477 407-747-6336 FAX 747-1377 Via Lugano at Melear PUD Boynton Beach, Florida The applicant is requesting relief from Chapter 2 Section 4.J.1 to allow for the use of a five foot decorative fence and column sections within the front yard setback (20 feet from Congress Avenue) of the Via Lugano project and to allow the entrance feature walls and decorative elements to exceed the 4 foot height limitation. The building front yard setback for Via Lugano (Phase II of the Melear PUD) was established on the Master Plan as 40 feet. The applicant proposes the use of five foot fence column sections located 20 feet from the property. The fence sections are for decorative purposes only and are not continuous. The fence sections are not intended for security or buffering purposes. The applicant also has proposed Artistic Decorative Wall features on either side of the entrance road and a focal fountain element within the median. A literal interpretation of the above code section would allow the portion of the walls within the building setback (40 feet from Congress Avenue) to be 6 feet for walls and 45 feet for accessory structures but limits that portion between 40 feet and the proposed 20 foot setback to 4 foot. The applicant also seeks relief from Article IV Section 1.D of Chapter 21 of the LDR (Signs Allowed). This code section allows residential and condominium developments to erect single faced signs on each side of a community's entrance walls. This section limits the height to a maximum of 6 feet with the sign area not exceeding 32 square feet for each face. The applicant's proposed decorative wall features exceed 6 feet in height and are integral to the project's entry design. The sign faces (lettering), which are less than 32 square feet, are proposed on each side of entry feature. While signage is a part of the walls, it is only a minor component of the overall entry feature expression. In the case of Via Lugano, this signage is located approximately 35 feet from Congress Avenue due to existing easements granted to the City. This is substantially greater than the minimum 10 feet allowed by the code. A. Special circumstances do exist which are peculiar to the subject property. A 20 foot utilities easement, which was dedicated to the City by the original developer of the Melear PUD, limits the placement of proposed fence and entry features. Proposed fence sections are located a maximum of 20 feet from the Congress Avenue right-of-way. The artistic entry feature in the entrance median is located 25 feet from the property line and the signage face is located 35 feet from the property line. Due to these constraints, and in keeping with the scale of the project, the entrance feature and fence sections exceed 4 feet, and the archway of the wall containing the sign exceeds 6 feet. Concerning the walls on either side of the main entrance, it should be noted that the applicant proposed a column, wall and fence combination. The heights are e:\project\genera~a-m\melearpudvariance. doc Via Lugano at Melear PUD Boynton Beach, Florida varied to create architectural interest and character. The columns and archway of the sign wall is a maximum of 8 feet 1 inch high. The majority of the wall is 2 feet 7% inches high with a picket fence on top averaging 5 feet overall. Chapter 2 Section 4.J.1 of the LDR's is intended to regulate buffer walls and buffer fences. The applicant's features are intended to be aesthetic and sculptural in nature and are not used as a buffer. In our opinion, the Land Development Regulation did not anticipate such elements and are intended to protect the adjacent property owners from adverse impacts resulting from large barrier walls. It is the applicant's opinion that the proposed Via Lugano fencing and hardcape elements, including the proposed architectural walls in which the signs are applied, are consistent with the spirit and intent of the LDR's and with the policy objectives of the Comprehensive Plan. B. The special circumstances that exist do not result from the actions of this applicant. Easements were needed to better serve the majority of the City of Boynton Beach residents. The easements where in place at the time the applicant purchased the land. Additionally, we believe the code is silent on the height of aesthetic elements in the landscape. It is the intent of the PUD zoning to encourage "creative design and an improved living environment." We believe Via Lugano meets and exceeds these directives. C. The granting of the requested variance will not in any way confer special privileges on the applicant that is denied other lands. The subject property is a Planned Unit Development which is intended to encourage unique design. A 20 foot utility easement along the front of residential properties is greater than what is commonly found. D. Literal interpretation of the LDR Chapter 2 Section 4.J.1 and Article IV Section 1.d would limit the applicants ability to successfully market a high end residential development in the City of Boynton Beach. E. The variance sought are the minimum that will make possible the desired aesthetic appearance. Fence Sections Columns are 5 feet with a decorative finial measuring a total height of 7 feet % inch. The picket fence is 5 feet 0 inch. Fence sections are setback 20 feet from Congress Avenue. Entry Median Feature The applicant originally proposed that this feature be 18 feet 6 inches. This height has been minimized to 16 feet 8 7/8 inches. The portion of this feature that exceeds 4 feet is 30 feet from the Congress Avenue property line. Via Lugano at Melear PUD Boynton Beach, Florida Entry Feature Walls As with the Fence Sections, the columns are 5 feet with a finial for a total of 7 feet 4 3/8 inches. The walls and planter are 2 feet 7~ inches with a 3 foot picket fence section on top. The overall height has been reduced from 6 feet to 5 feet overall. The Entry Feature Walls are located at a minimum of 20 to 49 feet 8 inches from the Congress Avenue right-of- way. Sign Wall Face The average height of the wall is 5 feet with a decorative cap and an archway which extends to 8 feet 1 inch. The height has been reduced from 11 feet. The Sign Wall is located on average 35 feet from the Congress Avenue property line. The signage lettering is located below 5 feet and is less than 10 square feet (8'6" x 14" letters). F. The granting of this variance is harmonious with the general intent and purpose of the City of Boynton Beach land Development Regulations and the goals and objectives of the comprehensive plan to encourage upscale housing development. The hardscape feature proposed is simply an extension of the overall landscape expression of the Via lugano project. lOR Chapter 2 Article IV Section 2.0.1 limits signs to a height of 10 feet. Considering the sign lettering is located at a height less than 5 feet and an average 35 feet setback, the visual perception of height would greatly diminished. Cotleur Hearing landscape Architecture Planning Environmental Consulting Graphic Design October 20, 1997 To the best of our knowledge this represents all the property owners within 400' of the Via Lugano project pursuant to Palm Beach County's 1997 Tax Roll. Donaldson Hearing Suite 402 1070 E. Indiantown Road Jupiter, Florida 33477 407-747-6336 FAX 747-1377 ~eur Letter of Transmittal Hearing TO:')"~~~~,!i<<:f.<i COMP ANY :<::i!y()r~()YIl!()ll~e~cl1 FROM: . J)oll~llIs()lllIearillgm COMP ANY :<::()!I~tlr~II~~tjllgIllc~.. DATE: 11/07/97 PROJECT: ..Yia~tlg~II():::.~~I~ll-:I'YJ).. PROJECT NUMBER: 97-0507 DESCRIPTION OF ITEMS: Owners List Check in the amount REMARKS: Enclosed is Iist()r~~9pr()p~r!Y.()'!Il~-:srr()lIftl1~1'1l11lf~~ach<::()tlll!Yl'r()p~.-ty 'fax lloll allllll<<:l1ecf.< In tl1~llllf()tllltor $11"7.~~f()rtl1eab()\,~r~fer:~lIc~lIP-:oject~ ... If Y()tI..I111\'~.~IlY.. questi()lIs,..pl~~se..call..'Il~'.... Thank SIGNED: Don CC: Landac8pe Architects Planners Environmenbll Consultanbl Graphic Design 1070 E. Indiantown Road 8.402 Jupiter, Florida 33477 561-747-6336 FAX 747-1377 5:23 PM llnJ97