LEGAL APPROVAL
%t City of
t:Boynton t:Beacli
100 'E. ':Boynton ':Beadi ':Boufevartf
P.O. ':B~310
':Boynton ':Beadi, :rforUUz 33425-0310
City 9Iail: (561) 375-6000
:rJllX: (561) 375-6090
December 19, 1997
Donaldson Hearing
1070 E. Indiantown Road
Jupiter, Florida 33477
Re: Via Lugano aka Melear PUD (multi-family)
File number: ZNCV 97-008 - Fence height & setback
Location: Southwest corner of Sandalwood Drive and Congress Avenue
Dear Mr. Hearing:
Enclosed is the City of Boynton Beach Development Order regarding Commission approval
of your request for a fence height and setback variance, regarding the above referenced.
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 375-6260.
Sincerely, .
i;} ? -.'~.'\. "", I J! .
dt'~ (~~/
Tambri J. Heyden~CP (/
Planning and Zoning Director
T JH:jbg
Attachment
Xc: Central File
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\CROSS CREEK CENTRE\Dev Order letter.doc
5t~rica 's (jateway to tfu (julfstream
DEVELOPMENT ORDER -
cr: OF BOYNTON BEACH, Fl\. .101
ee' r'~~7
.. --.-X:i~-<~ ~/~
" ",:1 ~ I~ ~. n ~!7 ~ ~'l
~. I r- --"'--. '" . - Ls.,
.'. : I Iii
I:: :~
-'~--;---.. ..,,;-;-;--~
I :"-,JI\'" ,c..fW
~ 4'-: i: ;'~G DEPT.
PROJECT NAME: Via Lugano apartments at the Melear PUD
APPLICANT: Thomas Cavanaugh, P.A.C. Land Development Corporation
APPLICANT'S AGENT: Donaldson Hearing
APPLICANT'S ADDRESS: Suite 402, 1070 E. Indiantown Road, Jupiter, FL 33477
DATE OF HEARING BEFORE CITY COMMISSION: December 16,1997
TYPE OF RELIEF SOUGHT: Zoning Code Variance (fence height and setback)
LOCATION OF PROPERTY: Southwest corner of Sandalwood Drive and Congress Avenue
DRAWING(S): SEE EXHIBIT "A" ATTACHED HERETO.
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
.lL- HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "B" with notation "Included".
4. The Applicant's application for relief is hereby
.lL- GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
:\\\\\''''''rtI''lll
~'\\:~~'TON tJ ~/~
~ 0 ~~ ~.
~~ ! qj I4!OAAr~\:~ '~
City Clerk ~ >-
, :: "'" n.nt)
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\MELEARWia Lugp.no\DEVELOPMENT ORDER-case 242.doc ~ -0 '\~" .
- ~ ...
~ .
~ FLOC
:1111,
:11/111I11I1 \'
DATED:
/e5f~t?/f??'
EXillBIT "C"
Conditions of Approval
Project name: Via Lugano aka Melear PUD (multi-family)
File number: ZNCV 97-008, Case No. 242 (fence height and setback)
Reference: Zonim! Code Variance application with an October 17. 1997 date.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DMSION
Comments: None X
BUILDING DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. If the variance is granted, it is recommended that the height of the X
fence, both pickets and fmials, be limited to five feet.
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
2. Delete comment number 1 X
ADDITIONAL CITY COMMISSION CONDITIONS
3. Te he a'tc'U1~Il,d. A0A1e k
TJH:dim
JISHRDA T AIPLANNING\SHAREDIWP\PROJECTS\MELEARIVlA LUGANOICOND OF APPROV AL-CASE242.DOC
MEETING MINUTES
PLANNING & DEVELOPMEN I BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 1,1997
Harrv Woodworth. DrODertv owner. recently received a Certificate of Occupancy for a new
home he built at 685 NE 15th Place. In order to complete the landscaping and finish the project,
a fence is needed along the north boundary. This property has a 220' common border with the
Seaview Trailer Park. Mr. Woodworth's request is to put a fence along that property line.
However, the Code only allows a 2' high fence on top of cinder blocks. This will not contain his
toddler or offer security. Mr. Woodworth asked for consideration of his request to allow him to
construct a 4' fence along the rear of his property.
Motion
Mr. Dube moved that we APPROVE the request for a variance to Chapter 2 - Zoning, Section
4.J.1 - Fence Height of the Boynton Beach Land Development Regulations which restrict fence
heights to 6' for fences located within the required setbacks of residential properties to allow a 4'
high fence on a 3' 6" retaining wall. Ms. Frazier seconded the motion that carried unanimously.
Description:
Via Lugano - Melear PUD
Donaldson Hearing
Gene and Glick Management
Southwest comer of Congress Avenue and Sandalwood
Drive
Request for a variance to Chapter 2, Section 4.J.1 of the
Boynton Beach Land Development Regulations to allow for
construction of a 5' high decorative fence and column
sections within the 40' front yard setback of 23' 11".
2.
Project:
Agent:
Owner:
Location:
CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE
PRESENT WHO WISHED TO SPEAK ON THIS APPLICATION.
Donaldson Hearing. Cottier and Hearino. 1070 East Indiantown Road. JUDiter. Florida.
was present and introduced Tom Cavanaugh of PAC Land Development, Mike Scorer,
Engineer, and Robert Cottier, Landscape Architect.
Mr. Hearing explained that this variance is relative to the height of fencing and associated
bollards along the Congress Avenue frontage for this project. The Code allows a maximum of a
6' high fence, wall, or hedge. However, when this feature is within the front yard setback, the
maximum height is limited to 4'. The request for a variance is based on the following two
reasons:
1. The front setback of this fence treatment is 20' from the right-of-way.
-
-
When this PUD was originally developed. the master developer dedicated easements in favor of
the City for sewer mains and water mains. Therefore, this fence would have to be setback 20'.
2. This is an aesthetic treatment. There will be a series of fence sections with
bollards at the end of each fence section.
Using the exhibits that depicted the front entrance. Mr. Hearing indicated the fence section. The
applicant is proposing a 5' white picket fence with 5' columns and 2'-4 3/8" finials at the ends of
3
MEETING MINUTES
PLANNING & DEVELOPMEN.1 BOARD
BOYNTON BEACH, FLORIDA
DECEMBER 1, 1997
each section. This treatment is not a buffer wall or security fence. It is an aesthetic edge
treatment to the landscaping that will be backdropped by lush landscape features.
Mr. Rosenstock questioned whether only the columns will be over 6' in height. Mr. Hearing
responded affirmatively. The total fence height from the ground will never be higher than 5'.
71/2".
Motion
Mr. Rosenstock moved that the project known as Via Lugano - Melear PUD, located at the
southwest corner of Congress Avenue and Sandalwood Drive, and their request for a variance
to Chapter 2, Section 4.J.1 of the Boynton Beach Land Development Regulations to allow for
construction of a 5' high decorative fence and column sections within the 40' front yard setback
of 23' 11" not to exceed 7'-4 3/8" and not to occur more often than 40' on center. Mr. Aguila
seconded the motion.
Mr. Aguila said he seconded this motion because it did not include staff comments.
The motion carried 6-1. (Mr. Myott dissented.)
Description:
Via Lugano - Melear PUD
Donaldson Hearing
Gene and Glick Management
Southwest corner of Congress Avenue and Sandalwood
Drive
Request for a variance to Chapter 21, Article IV, Section
1. D - Signs of the Boynton Beach Land Development
Regulations to allow the height of a monument sign to be
increased from the maximum of 5' to 8' 1".
3.
Project:
Agent:
Owner:
Location:
CHAIRMAN WISCHE ANNOUNCED THE PUBLIC HEARING.
Nancv Mavberry. a resident of Sandalwood. requested that this project be tastefully
constructed.
CHAIRMAN WISCHE CLOSED THE PUBLIC HEARING.
Mr. Rosenstock questioned why the applicant wants to build a sign that is so high.
Mr. Hearing explained that the sign is small. The entry statement that is being constructed has
higher proportions4sed on setbacks, scale and magnitude of the project. The Sign Code
limits the height of walls to a maximum height of 6'. In addition, the signage is limited to 32
square feet. The applicant is proposing an entrance feature. The walls, columns, guardhouse,
trellises, and planters are part of the entry architecture. In order to accommodate the scale of
the surrounding area, the applicant requested that the top of the arch on the back of the sign be
allowed at a height of 8'.1". Since that request was made, staff explained that the maximum
variance this board is permitted to grant is 25% (7'-6"). The applicant agrees with that height if
the board will grant the variance.
4
DEVELOPMENT SERVICES DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. 97- 519
TO: Sue Kruse
City Clerk , '
FROM: Tambri J. Heyden, AICP It /J~
Planning and Zoning Direcf6r
DATE: November 6, 1997
SUBJECT: Via Lugano
Case No.242
File No. ZNCV 97-008 (Zoning Code Variance fence height)
Accompanying this memorandum you will find one (1) copy of the application and related documentation
for the above-referenced case. A check in the amount of $400.00 to cover the review and processing of
this application has been forwarded to the Finance Department.
The legal advertisement for same has been prepared for the December 1, 1997 Planning and
Development Board and will be forwarded to your office after review by the City Attorney.
T JH:bme
Attachments
s:\projects\Melear\Via Lugano\LGL-CASE 242
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 hearing as indicated, under
and pursuant to the provisions of the Land Development Regulations of said City:
Case NO.242
Owner:
Gene and Glick Management
Requested
Variance:
Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 2 - Section 4.J.1, to allow for construction of five foot high decorative fence and
column sections within the 40 foot front yard setback at a setback of 23 feet 11 inches.
Location:
Southwest corner of Congress Avenue and Sandalwood Drive
Legal
Description:
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH
00034'40" WEST ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF
1362.30 FEET; THENCE NORTH 89025'20" WEST, A DISTANCE OF 60.00 FEET TO A
POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (120 FEET
IN WIDTH) AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN
DESCRIBED; THENCE SOUTH 00034'40" WEST ALONG SAID WESTERLY RIGHT-OF-
WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 1261.78 FEET TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT
(L.W.D.D.) L-21 CANAL; THENCE SOUTH 87055'18" WEST ALONG SAID L-21 CANAL
RIGHT-OF-WAY LINE, SAID LINE BEING PARALLEL WITH AND 15 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER
(N.E. Y4) OF SAID SECTION 18, A DISTANCE OF 927.84 FEET; THENCE NORTH
01019'11" EAST, A DISTANCE OF 793.62 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET
IV PLAT THREE AS RECORDED IN PLAT BOOK 53, PAGE 176 THRU 179, PUBLIC
RECORDS OF PLAM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON A
790.00 FEET RADIUS CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL
ANGLE OF 24019'42" AND A CHORD BEARING OF NORTH 53034'31" EAST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 335.44 FEET
TO A POINT OF TANGENCY; THENCE NORTH 41024'40" EAST, A DISTANCE OF 233.45
FEET TO A POINT OF CURVATURE OF 460.00 FEET RADIUS CURVE CONCAVE TO
THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 49010'00"; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 394.74 FEET
TO A POINT OF TANGENCY; THENCE SOUTH 89025'21" EAST, A DISTANCE OF 125.00
FEET: THENCE SOUTH 44025'21" EAST, A DISTANCE OF 35.36 FEET (THE PRECEDING
FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE
OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT ONE AS
RECORDED IN PLAT BOOK 52, PAGES 42 THRU 44, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.) TO THE AFOREMENTIONED POINT OF BEGINNING.
CONTAINING 23.60 ACRES MORE OR LESS.
Use: multi-family rental project
Page 2
Via Luga'
File No.:
~k lear PUD
":'v . -009, Case No. 243
"",
(""it"j
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Monday, December 1,1997 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: November 14, 1997
s. \projectslMelearlVia luganollGl-CASE243
PALM BEACH POST
C: City Manager, City Attorney, Planning, Files
.
Page 2
Via Lugano aka Melear PUD
File No.: ZNCV 97-008, Case No.: 242
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Monday, December 1, 1997 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: November 14, 1997
S:\projects\Melear\Via Lugano\LGL-CASE242
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal
Advertisement published and must be submitted to the Office of the City Attorney two (2) working days
prior to the first publishing date requested below.
ORIGINATOR: Planninq and Zonina
PREPARED BY: Jerzv Lewicki
DATE PREPARED November 6.1997
BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Hearina Notice for Case
No. 242 (meetinq Mondav. December 1, 1997) Via Luaano (zonina code variance fence heiaht).
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement,
Black Boarder, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO: All property owners within 400 feet of property (postmarked no later than
November 14, 1997), applicant and Director of Plannina and Zonina.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED: November 14. 1997
LAST DATE TO FAX TO NEWSPAPER November 12.1997 at 3:00 P.M.
APPROVED BY:
-- "
j /' }',
(1) //~ Il.-l,..,. '_
(Originator)
/
....','. I~j,.
I
//
: ': t:/.....
Ie I.
1/ //(/7
( /1 I,-~I !
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
S:\projects\Melear\Via Lugano\LGL-Case242
NOTICE Of PUBLIC HEI-.~"Nl.- rr~!. D lli ~ lli D W ~ '~
NOTICE IS HEREBY GIVEN that the following application has been I to t~A\P~~~ Aft, U'
DEVELOPMENT BOARD of the CITY Of BOYNTON BEACH, FLORIDA, f arirff!lfs i~d~a~8:'und
and pursuant to the provisions of the Land Development Regulations of said I y:
PLANNING AND
Case NO.243 ZONING DEPT.
Owner: Gene and Glick Management
Requested
Variance: Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 21, Article IV, Section 1.0 - signs allowed, to allow the height of a monument sign to
be increased from the maximum of 6 feet to 8 feet 1 inch.
Location: Southwest corner of Congress Avenue and Sandalwood Drive
Legal
Description: A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH
00034'40" WEST ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF
1362.30 FEET; THENCE NORTH 89025'20" WEST, A DISTANCE OF 60.00 FEET TO A
POINT ON THE WESTERLY RIGHT-Of-WAY LINE OF CONGRESS AVENUE (120 FEET
IN WIDTH) AND THE POINT OF BEGINNING Of THE PARCEL TO BE HEREIN
DESCRIBED; THENCE SOUTH 00034'40" WEST ALONG SAID WESTERLY RIGHT-OF-
WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 1261.78 FEET TO A POINT ON
· THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT
(L.W.D.D.) L-21 CANAL; THENCE SOUTH 87055'18" WEST ALONG SAID L-21 CANAL
RIGHT-OF-WAY LINE, SAID LINE BEING PARALLEL WITH AND 15 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER
(N.E. X) OF SAID SECTION 18, A DISTANCE OF 927.84 FEET; THENCE NORTH
01019'11" EAST, A DISTANCE OF 793.62 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET
IV PLAT THREE AS RECORDED IN PLAT BOOK 53, PAGE 176 THRU 179, PUBLIC
RECORDS OF PLAM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON A
790.00 FEET RADIUS CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL
ANGLE OF 24019'42" AND A CHORD BEARING OF NORTH 53034'31" EAST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 335.44 FEET
TO A POINT OF TANGENCY; THENCE NORTH 41024'40" EAST, A DISTANCE OF 233.45
FEET TO A POINT OF CURVATURE OF 460.00 FEET RADIUS CURVE CONCAVE TO
THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 49010'00"; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 394.74 FEET
TO A POINT OF TANGENCY; THENCE SOUTH 89025'21" EAST, A DISTANCE OF 125.00
FEET; THENCE SOUTH 44025'21" EAST, A DISTANCE OF 35.36 FEET (THE PRECEDING
FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE
OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT ONE AS
RECORDED IN PLAT BOOK 52, PAGES 42 THRU 44, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.) TO THE AFOREMENTIONED POINT OF BEGINNING.
CONTAINING 23.60 ACRES MORE OR LESS.
Use: multi-family rental project
Page 2
Via Lug-
File No.,
, al<lear PUD
IC\, ~(-008, Case No.: 242
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard. Boynton Beach, Florida,
on Monday, December 1, 1997 at 7:00 PM.
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: November 14, 1997
S:lprojectslMelearlVia LuganoILGL-CASE242
PALM BEACH POST
,-
C: City Manager, City Attorney, Planning, Files
~.... ~ (iiJ I<;
L~J ~1J Uc
't 'in :J f*
Hi '1
NOTICE OF PUBLIC He. ,.1........
Nnv I 4 1991 II
the PLANNING AND '"
PLANNING AND
ZONING DEPT.
NOTICE IS HEREBY GIVEN that the following application has been ma
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for he
and pursuant to the provisions of the Land Development Regulations of said Ci ,y:
l.
Case NO.242
Owner:
Gene and Glick Management
Requested
Variance:
Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 2 - Section 4.J.1, to allow for construction of five foot high decorative fence and
column sections within the 40 foot front yard setback at a setback of 23 feet 11 inches.
Location:
Southwest corner of Congress Avenue and Sandalwood Drive
Legal
Description:
A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARL Y DESCRIBED AS FOLLOWS:
.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH
00034'40" WEST ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF
1362.30 FEET; THENCE NORTH 89025'20" WEST, A DISTANCE OF 60.00 FEET TO A
POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (120 FEET
IN WIDTH) AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN
DESCRIBED; THENCE SOUTH 00034'40" WEST ALONG SAID WESTERLY RIGHT-OF-
WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 1261.78 FEET TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT
(L.WD,D.) L-21 CANAL; THENCE SOUTH 87055'18" WEST ALONG SAID L-21 CANAL
RIGHT-OF-WAY LINE, SAID LINE BEING PARALLEL WITH AND 15 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER
(N,E. X) OF SAID SECTION 18, A DISTANCE OF 927.84 FEET; THENCE NORTH
01019' 11" EAST, A DISTANCE OF 793.62 FEET TO A POI NT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET
IV PLAT THREE AS RECORDED IN PLAT BOOK 53. PAGE 176 THRU 179, PUBLIC
RECORDS OF PLAM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON A
790,00 FEET RADIUS CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL
ANGLE OF 24019'42" AND A CHORD BEARING OF NORTH 53034'31" EAST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 335.44 FEET
TO A POINT OF TANGENCY; THENCE NORTH 41024'40" EAST, A DISTANCE OF 233.45
FEET :fO A POINT OF CURVATURE OF 460.00 FEET RADIUS CURVE CONCAVE TO
THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 49010'00"; THENCE
NORTHEASTERL Y ALONG THE ARC OF SAID CURVE, A DISTANCE OF 394.74 FEET
TO A POINT OF TANGENCY; THENCE SOUTH 89025'21" EAST, A DISTANCE OF 125.00
FEET THENCE SOUTH 44025'21" EAST, A DISTANCE OF 35.36 FEET (THE PRECEDING
FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE
OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT ONE AS
RECORDED IN PLAT BOOK 52, PAGES 42 THRU 44, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.) TO THE AFOREMENTIONED POINT OF BEGINNING.
CONTAINING 23.60 ACRES MORE OR LESS.
Use: multi-family rental project
Page 2
Via Lugano aka Melear F-.....J
File No.: ZNCV 97-008, Case No.: 242
T'Pe1
A PUBLIC HEARING before the Planning and Development Board will be held relative to the above
application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida,
on Monday, December 1, 1997 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: November 14, 1997 PALM BEACH POST
S:\projects\Melear\Via Lugano\LGL-CASE242
C: City Manager, City Attorney, Planning, Files
I_A,!?
r ~ ~, @ : rn D -W-'~'-'W'"n\
NOTICE OF PUBLIC HEARING i: ' {, U
J NOV' 4 I99l
NOTICE IS HEREBY GIVEN that the following application has been made 'to the PLANNING A D
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hea
and pursuant to the provisions of the Land Development Regulations of said City:
Case NO.242
Owner: Gene and Glick Management
Requested
Variance: Request for a variance from the City of Boynton Beach Land Development Regulations,
Chapter 2 - Section 4.J.1, to allow for construction of five foot high decorative fence and
column sections within the 40 foot front yard setback at a setback of 23 feet 11 inches.
Location: Southwest corner of Congress Avenue and Sandalwood Drive
Legal
Description: A PARCEL OF LAND LYING IN SECTION 18, TOWNSHIP 45 SOUTH, RANGE 43 EAST,
CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18; THENCE SOUTH
00034'40" WEST ALONG THE EAST LINE OF SAID SECTION 18, A DISTANCE OF
1362.30 FEET; THENCE NORTH 89025'20. WEST, A DISTANCE OF 60.00 FEET TO A
POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF CONGRESS AVENUE (120 FEET
IN WIDTH) AND THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN
DESCRIBED; THENCE SOUTH 00034'40" WEST ALONG SAID WESTERLY RIGHT-OF-
WAY LINE OF CONGRESS AVENUE, A DISTANCE OF 1261.78 FEET TO A POINT ON
THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE WORTH DRAINAGE DISTRICT
(L.W.D.D.) L-21 CANAL; THENCE SOUTH 87055'18" WEST ALONG SAID L-21 CANAL
RIGHT-OF-WAY LINE, SAID LINE BEING PARALLEL WITH AND 15 FEET NORTH OF AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF THE NORTHEAST QUARTER
(N.E. %) OF SAID SECTION 18, A DISTANCE OF 927.84 FEET; THENCE NORTH
01019'11" EAST, A DISTANCE OF 793.62 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET
IV PLAT THREE AS RECORDED IN PLAT BOOK 53, PAGE 176 THRU 179, PUBLIC
RECORDS OF PLAM BEACH COUNTY, FLORIDA, SAID POINT BEING A POINT ON A
790.00 FEET RADIUS CURVE CONCAVE TO THE NORTHWEST, HAVING A CENTRAL
ANGLE OF 24019'42. AND A CHORD BEARING OF NORTH 53034'31" EAST; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 335.44 FEET
TO A POINT OF TANGENCY; THENCE NORTH 41024'40" EAST, A DISTANCE OF 233.45
FEET TO A POINT OF CURVATURE OF 460.00 FEET RADIUS CURVE CONCAVE TO
THE SOUTHEAST, HAVING A CENTRAL ANGLE OF 49010'00"; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 394.74 FEET
TO A POINT OF TANGENCY; THENCE SOUTH 89025'21" EAST, A DISTANCE OF 125.00
FEET; THENCE SOUTH 44025'21" EAST, A DISTANCE OF 35.36 FEET (THE PRECEDING
FOUR (4) COURSES BEING COINCIDENT WITH THE SOUTHERLY RIGHT-OF-WAY LINE
OF SANDALWOOD DRIVE AS SHOWN ON THE PLAT OF CHALET IV PLAT ONE AS
RECORDED IN PLAT BOOK 52, PAGES 42 THRU 44, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.) TO THE AFOREMENTIONED POINT OF BEGINNING.
CONTAINING 23.60 ACRES MORE OR LESS.
Use: multi-family rental project
TO:
Kerry Willis, City Manager
Michael Pawelczyk, Assistant City Attorney
Tambri Heyden, Planning & Zoning Administrator
Bulent I. Kastarlak, Director of Development :/311<
DEPARTMENT OF DEVELOPME
MEMORANDUM NO. DD 98-09110) I ~ @ ~ D WI ~! ~
~~ I APR 2 Am if!)
1 I J
PLANN!NG AND
ZONING DEPT.
FROM:
DATE:
April 23, 1998
SUBJECT:
VIA LUGANO PUD
The Via Lugano PUD project received its Master Permit on April 22, 1998. During the course of
the application and review process, Mr. Tom Cavanaugh, Vice President ofP.A.C. Land
Development Corporation (the applicant), has indicated several times that he will present the
requested "Control Documents" for the PUD. He was unable to produce these documents, other
than his company's partnership document, which was found to be insufficient as a recordable
document for the PUD. He said that he is not aware of any other document which will serve the
purpose. During their negotiations with the seller of the property (land), P.A.c. has not dealt
with an entity resembling a Master Homeowners Association in control of all common areas of
the PUD. P.A.c. has agreed to purchase the property as an independent "subdivision."
After comparing my fmdings with Michael Pawelczyk, I came to the conclusion that there is a
distinct possibility such "Control Documents" (i.e., covenants for the entire PUD) do not exist
now, although they may have existed some fifteen years ago when the PUD was formed.
This raises the question of whether the PUD actually exists today. Via Lugano is composed of
three neighborhoods. According to Mr. Cavanaugh, one of these neighborhoods has a
homeowners association, others do not.
I think the subject warrants a "due diligence" investigation. Unknown to the City, the PUD may
have been dissolved and the change of status never recorded. If so, the properties involved may
have to be rezoned, possibly as multi-family.
I would like to initiate such a "due diligence" investigation ASAP. Please advise.
BIK:bg
\\CH\MAIN\SHRDAT A\DevelopmentIBuilding-6870\DocumentsIMemos in Word\ Via Lugano3.doc
~- f;;;
DEPARTMENT OF DEVELOPMENT
Division of Engineering
BuuntI. lGuuulak., NCARB
Director of Development
Buildlng
Pl4nnlllg.t Zoning
Englneuing
OccuptlliQlIIZl Ikeruu
Co-1UdIJ Redevelopment
October 12, 1998
P,A.c. Land Development Corporation
730 Bonnie Brae Street
Winter Park, FL 32789
Attention: Thomas L. Cavanaugh
mm
Re: Via Lugano Apartments
PlZOANN/NG AND
NING OfPT
Dear Mr. Cavanaugh:
We are in receipt of your letter dated October 5, 1998 regarding the above project.
The City is in agreement with your request to defer construction work on Sandalwood Drive until
such time that construction traffic onto this roadway is eliminated.
The City agrees to remove the restriction that the proposed work on Sandalwood Drive be
completed prior to issuance of the first certificate of occupancy.
The restriction will now be that the proposed work on Sandalwood Drive will be completed prior to
the issuance of certificates of occupancy for any of the last three buildings, specifically permit
numbers 97-5650, 97-5648 and 97-5647.
Also, the City will continue to hold the $11,000 Restoration Bond currently in place as additional
surety
Sincerely,
~nd F. DaVidSO~~
, Acting City Engineer
RFD:ck
Xc: Bulent Kastarlak
Michael Haag
Don Johnson
Michael Rumpf
Sebastian Puda
Ken Ha\1
C:' ~Iv J)l":lIl11~llls' Via I ,1Igano. Sandalwood Dr, ellllSI. Tralli",do~
, - America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375.6280 Fax: (561) 375.6357
A
P.A.C. LAND DEVELOPMENT CURPORATION
A REAL ESTATE DEVELOPMENT COMPANY
730 BONNIE BRAE STREET
C WINTER PARK, FLORIDA 32789
TELEPHONE (407) 628-3065 FAX (407) 645-0112
p
October 5, 1998
r
ID)~@~U
UlJ ocr - 9 1998
r ~:~
~ ;:
Mr. Ray Davidson, P .E.
City of BO}1lton Beach
100 E. BO}1lton Beach Blvd.
BO}1lton Beach, F133425-03l0
1
I F ;\; 0 ! l\' r=}:' D ; "1 ro,'
~,._____... ...::.,~_..~~~.. . .1 '_.. :- ~ ~ i j-.: :--'1
_"-.......0--.,.;_
RE: Via Lugano Apartments
Dear Mr. Davidson:
I would like to formally request a deferral of the Sandlewood Drive construction work until the time that we
have eliminated all of the heavy construction traffic on the street. Currently, as a condition of the project
receiving it's first Certificate of Occupancy, the road work on Sandlewood Drive must be completed. We
would like to have the restriction on the first certificate removed and placed on the last three buildings.
Hence, permit numbers 97-5650, 97-5648, and 97-5647 would be subject to the completion of Sandlewood
Drive. Also, we will agree to have our $11,000 Restoration Bond (cash) currently in place with the City
stand as additional security.
The reason for our request is simple; I would be wasting our money and the City's time if I were to start
construction on that road prior to the elimination of our heavy construction equipment. This is our only
construction entrance and we anticipate a substantial reduction of construction traffic prior to the last three
(3) buildings receiving their Certificate of Occupancy.
I hope the City can work with us on this issue. I think you will fmd that we are doing a good job with the
construction of Vi ugano Apartments.
Thorn s L. Cavanaugh
Vice resident
TLC/db
cc:
Sebastian Puda