APPLICATION
#2
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
Page N/A or otherwise described as follows:
Plat Book Not Platted
Property Address Phase II Melear PUD SW Corner of Congress and Sandlewood.
Variance requested Variance to allow fences and walls greater than 4' in front yards of Residential
Districts (LDR Ch 2, S-4.J.1 ).
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 Vanance ApplicatIon
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to thE
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3. Certified list of name.s 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 accomDanv 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
tvoe):
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
reasonable 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 Vanance APPlication
7.
Name and address of owner:
Gene & Glick Manaqement
8. Name of applicant: P.A.C. Land Development, Donaldson Hearing _ Agent
Applicant's address: 730 Bonnie Brae Street, Winter Par~, FL 32789
8-3065
Applicant's phone #:
Date: October 16, 1997
Signature of Applica
Agen
~
TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE
Property is presently zoned:
formerly zoned:
1.
2.
Property Control Number:
3.
Denial was made Upon existing Zoning or sign requirements (list section(s) of Code from which
relief is required):
r4m' 9;' :::",!v~ A. -j .1
4.
Nature of exception or variance required:
:-
Date:
Permit denied - Building Department
5.
Case Number.
Meeting Date:
Variance #2 - Sign Code Article IV Section 1.0
Chapter 21 LOR
Via Lugano at Melear PUO
Boynton Beach, Florida
The applicant is requesting 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.
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 signage.
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. Additional height is required due to the setback of the
proposed sign wall and in order to achieve the desired aesthetic appearance. 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 sign 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. The sign face is located 35' from the Congress Avenue
property boundary.
e:\project\general\a-m\melearvar -2.doc
Via Lugano at Melear PUD - VarlClolce #2
Boynton Beach, Florida
Page 2 of 2
D. Literal interpretation of 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.
Entry Feature Walls
The columns of the entry feature are 5 feet with a finial for a total of 7 feet
4 3/8 inches. The walls and planter are 2 feet 7Y2 inches with a 3 foot
picket fence section on top. The overall height has been reduced
approximately 1 foot form the original submittal. The Entry Feature Walls
are located at a minimum of 20 to 49 feet 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 previously proposed. 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 signage feature proposed is simply an extension of
the overall landscape expression of the Via Lugano project. LDR Chapter 2
Article IV Section 2. D.1 limits signs to a height of 6' with a setback of only 10 feet.
Considering the sign lettering is located at a height less than 5 feet and the sign
walls are setback 35 feet, on average, the visual perception of height is greatly
diminished.
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 Vanance 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
A TTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:IPLANNING\sHAREDIWP\FORMS\APPS\ZNCVlZNCV.APP
Junel. 1997
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 Rood
Jupiter, Florida 33477
407-747-6336 FAX747.1377
e. IDre I ect"c ~nera I\a-m \m elearpudoostat doc
APPLICATION ACCEPT ANCF,f)A TE:
RECEIVED P'- STAFF MEMBER:
FEE PAID:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
Please Print (in ink) or TVDe
Submittal Date:
October 17, 1997
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to
grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s):
Property involved is described as follows:
Lot(s)
Block
Subdivision
Plat Book Not PIa tted
Page N/A
or otherwise described as follows:
Property Address Phase II Melear PUD SW corner of Congress and Sandlewood
Variance to allow fences and walls greater than 4' in front yards
Variance requestedOf Residential Districts (LDR Ch 2 ,S~4.J.l) . Variance to allow
Sign Wall greater than 6' in height. SIgn Code (ArtICle IV
Section 1. a)
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 Flonda, not over six (6) months
old, indicating:
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way, with elevations
F. Easements on or adjacent to the site
G. Utilities on or adjacent to the site
H. Legal Description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site Dlans properly dimensioned and to scale showing:
Page 2 . "
Zoning Code Vanance ApplicatIon
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, turn lanes and driveways
F. Elevations of the lowest finished floor of all structures on the site
3. Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse. Such
list shall be accompanied by an Affidavit (see attached) stating that to the best of the
applicant's knowledge, said list is complete and accurate.
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aaent is submittina the Detition. a notarized CODV of a letter desianatina him as
such must accomDanv 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
~
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
reasonable 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 owner:
Gene & Glick Management
8. Name of applicant: P.A.C. Land Development, Donaldson Hearing _ Agent
Applicant's address: 730 Bonnie Brae Street, Winter Par~, FL 32789
Applicant's phone #:
-3065
Date: October 16, 1997
Signature of Applica
TO BE COMPLETED BY THE BUILDING OFFICIAL OR REPRESENTATIVE
1.
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:
Page 4 . '.
Zoning Code Vanance 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
A TTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:IPLANNINGISHAREO\WP\FORMS\APPS\ZNCWNCV.APP
Junel. 1997
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, Iprojecllgeneralla.mlmelearpudvariance. 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 LOR'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 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 I 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 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 Rood
Jupiler, Florida 33477
.407-747-6336 FAX 747-1 377
~
Cotleur
Hearing
Letter of Transmittal
TO: Beverly
FROM: Don Hearing
DATE: 11/12/97
COMPANY: Cotleur & Hearing
PROJECT: Via Lugano
PROJECT
NUMBER:
DESCRIPTION OF
ITEMS:
1 set mailing labels of Property Owners List
REMARKS: Beverly here is a complete set of mailing labels for your records.
We are truly sorry for the inconvenience this has caused you.
If there is anything else we can do to help, please don't he~il~~ /"
to contact me. ~ "ljPf:.- .
~~~
SIGNED: Don Hearing
Landscape Architects
Planners
Environmental Consultants
Graphic Design
1070 E. Indiantown Road 5.402
Jupiter, Florida 33477
561-747-6336 FAX 747-1377
5,48 PM 11/12/97
g:\form\chstd\transmit.xls transmittal