AGENDA DOCUMENTS
7.A.2, 7.A.3, 7.A.4
ABC FINE WINE AND SPIRITS
ZONING CODE VARIANCE
PARKING LOT VARIANCES
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 98-292
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
INTRODUCTION
Meeting
Date: October 13, 1998
File No: ZNCV 98-014
PKL V 98-003
PKLV 98-004
Location: Northeast corner Boynton Beach Boulevard & Winchester Park Boulevard
(see Exhibit "A"_ location map)
Applicant: ABC Liquor, Inc.
8989 S. Orange Avenue
Orlando, FL 32824
Agent: Unruh, Smith and Associates
105 S. Narcissus Avenue
West Palm Beach, FL 33401
Zoning:
C-3 (Community Commercial)
Project
Name:
ABC Fine Wine and Spirits
Adjacent zoning districts and land uses:
North -
Lake Worth Drainage District (L-24) canal and
undeveloped property zoned C-3 and farther north
Boynton Commons shopping center, zoned PCD.
South -
Boynton Beach Boulevard, and further south is the
US Post Office, zoned Public Usage.
East -
Land zoned Public Usage, farther east is commercial
property zoned C-3.
West -
Winchester Park Boulevard, and farther west land zoned
Agriculture.
Variance
/
Page 2
Memorandum No. PZ 98-292
ABC Fine Wine and Spirits -staff report
Requests: Request for variance from the City of Boynton Beach Land Development
Regulations, Chapter 23 - Parking Lots, Article II, Section H.3. to allow a 34
foot reduction from the required minimum driveway distance from an
intersection of 180 feet to 146 feet;
Request for variance from City of Boynton Beach Land Development
Regulations, Chapter 23 - Parking Lots, Article II, Section H.3. to allow a
36.83 foot reduction from the required minimum driveway distance from an
intersection of 180 feet to 143.17 feet; and
Request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 2 - Section 11.H.16.d(12) - to allow for the reduction
in the required ratio of one (1) parking space per 200 square feet to one (1)
parking space per 225 square feet; which represents a reduction from 45 to
40 spaces.
BACKGROUND
ABC Fine Wines and Spirits is currently preparing a new site plan for this corner
(northeast) parcel at Boynton Beach Boulevard and Winchester Park Boulevard. As a part
of the application process they are required to seek zoning relief for the proposed
driveways due to their proximity to the intersection of Boynton Beach Boulevard and
Winchester Park Boulevard, and relief from the required number of parking spaces from
45 to 40. (See Exhibit liB" - Site Plan.)
ANAL YSIS
The City of Boynton Beach Land Development Regulations, Chapter 23 - Parking Lots,
Article II, Section 11.H.3 states as follows:
"Distance from streets. Parking lot driveways shall be constructed at least thirty (30)
feet from the intersection of the right-of-way lines along local streets and one-
hundred eighty feet along streets of a higher classification."
With existing frontage of 165 feet on Winchester Park Boulevard, ABC Fine Wine and Spirits
seeks to place a driveway approximately 146 feet on their parcel north of the intersection of
Boynton Beach Boulevard. As the Land Development Regulations require 180 feet, this would
be 34 feet short of the requirement. (PKL V 98-003)
There currently exists an existing curb cut to the property on Boynton Beach Boulevard. The
location of this proposed driveway is 143 feet east of Winchester Park Boulevard, or 37 feet
short of the 180 feet separation requirement, thereby necessitating a second variance. (PKL V
98-004 )
~
Page 3
Memorandum No. PZ 98-292
ABC Fine Wine and Spirits -staff report
In reviewing the above request for a variance from the minimum 180 feet driveway setback,
staff reviewed several criteria to determine justification for allowing a variance at this location.
This analysis focused on three primary concerns:
1) Lot configuration relative to the 180 feet distance requirement;
2) Availability of adjacent property with which to combine the subject property and add
length necessary to meet the driveway setback requirement; and
3) Traffic circulation and safety.
The dimensions of the parcel fall short of the 180 feet separation requirement for driveways.
Trying to assemble adjacent parcels to negate the need for a driveway variance is also not
feasible as adjacent properties are either developed or separated by a canal. And third, a
review of the proposed driveway locations by the city's engineering division has determined
marginal impact if these variances are granted. This opinion is primarily based on the
existence of adjacent medians that would delineate the flow of traffic. Both driveways will be
limited to right-in-right-out only.
The third request for a variance from the City of Boynton Beach Land Development
Regulations, Chapter 2, Section 11.H.16.d(12) states as follows:
"Retail establishments not listed elsewhere: One (1) parking space per two hundred
(200) square feet of gross leasable floor area."
The applicant's request is to allow for a reduction in the required ratio of one (1) parking
space per 200 square feet to one (1) parking space per 225 square feet which represent a
reduction from 45 to 40 spaces.
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.
.5
Page 4
Memorandum No. PZ 98-292
ABC Fine Wine and Spirits -staff report
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 be make possible the
reasonable use of the land, building, or structure.
f. That granting 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.
As per the above requirement, the applicant has provided as Exhibits "C" and "0" to show
justification for the two variances for the proposed driveway locations and Exhibit "E" for
relief from the City's parking ratios - Justification Documents as a statement of special
conditions, hardships or other reasons justifying the requested variance.
RECOMMENDATION
Staff recommends that the request for a variance to allow a new driveway to be placed on
the west side of the property, onto Winchester Park Boulevard, a distance of 146 feet from
the intersection (or 34 feet short of the minimum required) be approved. This
recommendation is based, in part, on a hardship created by the limited depth of the parcel
(165 feet), which precludes the ability to separate a driveway from the intersection by a
minimum of 180 feet, and on the benefit of this second driveway. This second driveway is
appropriate for the site to minimize congestion at the intersection (a similar argument used
in justifying the same request for the Fidelity Federal Bank variance).
Staff recommends that the request for a variance to allow the existing driveway on
Boynton Beach Boulevard to remain at 143.17 feet from the intersection, a variance of
36.83 feet, be denied. Instead, staff recommends that a variance be granted for a
distance not to exceed 21 feet. A hardship does exist, as the length of the lot is less than
the 180 feet required to obtain the necessary 180 feet separation. However, the driveway
(curb cut) is currently over 20 feet from the side property line, which leaves a minimum of
15 additional feet of potential separation. As the adjacent property is developed for city
utility purposes, with a driveway on the east side of the parcel, the subject driveway,
relocated within 5 feet of this adjacent parcel should not create any conflicts. It is likely
that the applicant has not considered this alternative as it would require state approval and
permits. However, as currently stated, this variance request is not the minimum variance
that will make possible the reasonable use of this land.
Staff recommends that the request for a variance to reduce the minimum parking ratio
required from 1 space per 200 square feet to 1 space per 225 square feet be approved.
4-
Page 5
Memorandum No. PZ 98-292
ABC Fine Wine and Spirits -staff report
This recommendation is based, in part, on the following: the site, proposed with 40
parking spaces, appears to be efficiently and logically designed (staff assumes that the
applicant would oppose the further reduction in building size; however, only 40 spaces
would be required for an 8,000 square foot building).
There are currently no conditions of approval recommended. If conditions of approval are
added by the Planning and Development Board and City Commission, said conditions will
be listed in Exhibits "F", "G", and "H".
xc: Central File
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\ABC Fine Wine and Spirits. staff rep.doc
~
LC'CATION MA:"' EXHIBIT A
ABC LIQUORS, INC.
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EXHIBIT C
APPLICAnON FOR VARIANCE
ABC fine Wines and Spirits ZNCV 98-014
Number of Parking Stalts:
Section, Subsection and paragraph number of specific requirement to whIch
variance is requested and exact language contaIned in the Code:
A variance is requested from City of Boynton Beach Land Development Code
section H. 16.d.(12). This section requires that retail services not specifically
listed provide one (1) parking stall for each two-hundred (200) square feet of
gross floor area.
Nature of Variance Requested.'
ABC Fine Wine and Spirits seeks to reduce the number of required spaces from
forty-five (45) to forty (40).
Statement of Special Condition~ Hardships or other reasons Justifying the
Requested Variance:
ABC Fine Wine and Spirits seeks to purchase from Amoco 011 COmpany a .839
acre (36,717 square foot) lot in order to buifd a one-story 9,000 SQuare foot
retail store. No drive-through window is Included in this request. Retail liquor
stores are permitted uses in the C-3 zoning district.
The Cit;ts parking Code does not have a specific classification for a retail wine
and spirits store. Because of the unique nature of wine and spirit retail stores,
the general parking ratIo required by City Code exceeds the needs of the store.
Based on experience of ABC stores across Florida, it is unlikely that more than
40 cars will ever be at this location at the same time.
The ratio of one (1) parking stall for each two-hundred (200) square feet of
gross floor area Is the same ratio as for grocery stores, where shoppers spend
far more time and turnover is less frequent.
Owing to special conditions of the characteristics of this particular use, a literal
enforcement of the generalized parking ratio contained in the City'S code would
result in an unnecessary hardship not created by the applicant or his predecessor
in title.
Special conditions and circumstances exist which are peculiar to the phYSical or
topographical features of the land or structures within the City. The lot is small
<6
SEP-23-9S WED 02:13 PM UNRUH SMITH&ASSOCIATES
FAX NO. 56 6555525
P. 06
and other contiguous land Is not available as two roads, existing development
and a canal ROW bound the site.
Although the lot is small it is most appropriate for retail uses. The proposed
development is well below the City/s maximum lot coverage. At the C-3 district's
permitted forty (40) percent lot coverage, a 14,686 sf building could be built;
however, the small size of the lot restricts the allowed uses that could be
developed. This is because of parking requirements for retail uses (except gas
sales, truck and boat sales) could not be met. The literal enforcement of the
Code would deprive the applicant of rights commonly enjoyed by other
properties in the vicinity. A corner, such as the intersection of Boynton Road and
Winchester Blvd. is most appropriate for retafl uses.
The special conditions and circumstances do not result from the action of the
applicant or his predecessor. The City's code does not address retail liquor
stores. Also, the lot has been in this configuratIon for a over decade, except for
a FOOT taking that reduced the lofs size.
The granting of the variance requested will not confer on the applicant any
special privilege that is denied to other lands or structures in the City. It is
appropriate to base parking requirements on the unique needs of uses.
The granting of the variance is the minimum that will make possible the
reasonable use of the land and structure. In order to meet the City's parking
code, the building must be reduced by one-thousand (1,000) feet to eight
thousand (8,000) feet. This would render the building too small for its intended
purpose. Included in the retail store is a storage area - which does not generate
parking-- and a small section for gourmet items. Typical new ABC stores are
approximately ten thousand (10,000) square feet. Proposed lot coverage is
twenty-five (25) percent compared with permitted lot coverage of forth (40)
percen t.
The granting of the variance will be in harmony with the general Intent and
purpose of the Code and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare. In fact, the granting of this variance is
consistent with the City and Region's infill development goals.
9_
EXHIBIT D
APPLICATION ~R VARIANCE
ABC Fine Wines and Spirits
PKLV 98-003
Driveway distance from an intersection:
Ourlile42S0922S.~kJ
SectiOn, Subsection and Paragraph number of specific requirement to which
variance is requested and exact language contained in the Code:
Two variances are requested from City of Boynton Beach Land Development
Cede Article II, section B.H.3., regulation of driveways. The City's land
development regulations require that parking lot driveways be constructed at
least thirty (30) feet from the intersection of right-of-way lines along local streets
and one-hundred and eighty feet (180) feet along streets of higher classification.
Nature of Variances Requested:
ABC Fine Wine and Spirits seeks to place a driveway approximately one-hundred
and forty six (146) feet from the intersection of Old Boynton Rd. and Winchester
Park Blvd., along Winchester Blvd., a collector. The existing driveway that
provides access to the site for westbound traffic travelling along Old Boynton Rd.
will also require a variance.
Statement of Special Conditions, Hardships or other reasons Justifying the
Requested Variance:
owing to special conditions of the characteristics of this site, a literal
enforcement of the provisions of this chapter would result in an unnecessary
hardship not created by the applicant Or his predecessor in title.
The special conditions and circumstances that exist are peculiar to the physical
features of the land. It would be impOSSible for any user of this land to meet the
driveway requirements (distance from the intersection [1801 and minimum
driveway width [20']) without a variance because of the configuration of the fot.
The lot has only one-hundred and ninety-one (191) feet of frontage along
Winchester Park Blvd. For safety of loading vehicles, the driveway is proposed to
be twenty-nine (25) feet.
As the existing driveway on Boynton Rd. Is non-conforming, any subsequent
development of the vacant property would require the owner to submit this
variance application.
The literal enforcement of the provisions of the chapter would deprive the
applicant of rights commonly enjoyed by other properties in the vidnity, that of
having access from east bound traffic on Boynton Road. The special conditions
(0
f!-
and circumstances do not result from the action of the applicant or his
predecessor as the lot was reduced by an FOOT taking.
The granting of these variances is the minimum that will make possible the
reasonable use of the land and structure. Uses on the lot cannot be reconfigured
or relocated to reduce this request without causing a request for an additIonal
variance or creating unsafe and unreasonable site configuratlons.
The granting of these variances will be In harmony with the general intent and
purpose of the Code and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare. In fact, the granting of these variances will
provide for reasonable use of the propert.Ys frontage, along Winchester Blvd in
particular, as shoppers already travel along that road to satisfy their retail needs.
(/
EXHIBIT E
OUrfil.'2Soe221.oII.~
REVISED 1019198
APPLICATION FOR VARIANCE
ABC Fine Wines and Spirits
PKLV 98-004
Driveway distance from an intersection:
Section, SubsBction and Paragraph number of specific rBquirBment to
which variancB is requestsd IInd exact language cont8ined in the Code:
Two variances are requested from City of Boynton Beach Land
Development Code Article", &ection B.H.3., regulation of driveways. The
City's land development regulations require that parking lot driveways be
constructed at least thirty (30) feet from the intersection of right-ot-way
lines along local streets and one-hundred and eighty feet (180) feet along
streets of higher classification.
Nature of Variances Rflqu6sted;
ABC Fine Wine and Spirits seeks to place one driveway approximately
one-hundred and forty six (146) feet from the intersection of Boynton
Beach Boulevard and Winchester Park Blvd., along Winchester Blvd.. a
collector. A second driveway is existing; it is located one-hundred and
forty three (143) feet from the intersection. The Florida Department of
Transportation constructed this second driveway at this location during
the widening of Boynton Beach Blvd. This driveway provides access to
the site for westbound traffic travelling along Boynton Beach Boulevard.
Both streets ate classified as non-local streets of higher classifications.
statement of Special Conditions, Hardships or other reasons Justifying
the Requested Variance:
Owing to special conditions of the characteristics of this site, a literal
enforcement of the provisions of this chapter would result in an
unnecessary hardship not created by the applicant or his predecessor in
tilJe.
/^
~----- -~------- ~
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Page 2
The special conditions and circumstances that exist are peculiar to the
physical features of the land. It would be impossible for any user of this
land to meet the driveway requirements (distance from the intersection
[1801 and minimum driveway width [20')) without a variance because of
the configuration of the lot. The lot has only one-hundred and ninety-one
(191) feet 01frontage along Winchester Park Blvd. and one-hundred and
ninety three (193) feet of frontage along Boynton Beach Boulevard. For
safety of loading vehicles, the driveway on Winchester Park Blvd. is
proposed to be twenty-six (26) feet. Because it is existing, the driveway
along Boynton Beach Blvd.. is proposed to remain at twenty-nine (29) feet
and eight (8) Inches wide.
As the existing driveway on Boynton Rd. is non"conforming, any
subsequent development of the vacant property would require any owner
to submit this variance application. There is a hardship peculiar to the
property, which has not been caused by the actions of the applicant.
With reg.rd to the driveway on Winchester Park Blvd., the litera'
enforcement of the provisions of the chapter wou'd deprive the applicant
of rights commonly enjoyed by other properties in the vicinity. that of
having access from east bound traffic on Boynton Road. With regard to
the driveway on Boynton Beach Blvd., the special conditions and
circumstances are the result of the driveway being placed in this location
by the florida Oepartment of Transportation.
For the driveway along Winchester Park Blvd., the failure to meet the
required distance from driveway to intersection does not result from the
action of the applicant or his predecessor, but by the actions of FOOT
which caused the lot's north-south dimension to be reduced by the taking
for Boynton Beach Blvd.
The granting of these variances is the minimum that will make possible the
rea.onable, logical and efficient use of the land and structure. Uses on
the lot cannot be reconfigured or relocated to reduce this request without
causing a request for an additional variance or creating unsafe and
unreasonable site configurations.
13
Page 3
The granting of these variances will be in harmony with the general intent
and purpose of the Code and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare. In fact, the granting of these
variances will provide for reasonable use of the propertyls frontage, along
Winchester Blvd. and Boynton Beach Blvd., as shoppers already travel
along these roads to satisfy their retail needs.
If
EXHIBIT "F"
Conditions of Approval
Project name: ABC Fine Wine and Spirits
File number: ZNCV 98-014
Reference: Application dated September 8. 1998.
DEPARTIvlENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREA nON
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
l. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
Ibme
s:\projects\cond of appr\
;5
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DEVELOp."ENT ORDER OF THE CITY COMr--,SION OF THE
-~ITY OF BOYNTON BEACH, FLOrtlDA
PROJECT NAME: ABC Fine Wine and Spirits
APPLICANT'S AGENT: Unruh, Smith and Associates
APPLICANT'S ADDRESS: 105 S. Narcissus Avenue, West Palm Beach, FL 33401
DATE OF CITY COMMISSION PUBLIC HEARING: October 20, 1998
TYPE OF RELIEF SOUGHT: Zoning Code Variance (parking space ratio)
(ZNCV 98-014)
LOCATION OF PROPERTY: Northeast corner Boynton Beach Boulevard and Winchester Park
Boulevard.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach,
Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts
the findings and recommendation of the Planning and Development Board, which Board found as
follows:
OR
X THIS MA TIER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
~HAS
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 "Ctt with notation "Included".
4. The Applicant's application for relief is hereby
~ 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
DATED:
City Clerk
J:\SHRDATA\Planning\SHARED\WP\FORMS\Dev. Orders\DEVELOPMENT ORDER REV. doc
/(p
I I
~," EXHIBIT "Hu~
Conditions of Aooroval
Project name: ABC Fine Wine and Spirits
File number: PKL V 98-004
Reference: Applications dated September 8. 1998.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determined.
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