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BOARD OF ADJUSTMENT d-~ %e City of 'Boynton 'Becu;fi ~ 100 'E. iJJoynton iJJea.di. iJJoukvara P.o. '130'(310 iJJoynton iJJea.di., 1'foritfa 33425-0310 (407) 738-7480 1'J4X: (407) 738-7459 '13uiltfing 'Department, City %U[ Comple.:c 'West 'U-ing July 1, 1991 Vernon Thompson, Chairman Board of Adjustment 2535 S.W. 12th Street Boynton Beach, FL 33426 ATTN: All Board of Adjustment Members Dear Mr. Thompson:_ Attached for your review are the facts for cases #154 and #155. The memorandum from Vincent Finizio, included in your package from the City Clerk's office for case #155, was sent to you prematurely. It i~ the City Attorney's opinion that the submittal for this case was complete and it is the Building Department's responsibility to determine whether the application i$ complete. Please disregard the memorandum from Mr. Finizio as the City Attorney has determined that it should not be sent to the Board. Also be advised that application for case #155 has two parts -- 1) An appeal from the Farm Store being considered an automotive service station per Appendix A-Zoning, Section 1 and 2) If it is considered an automotive service station, a variance from Section 11.L.l. I look forward to seeing all of you at the July 8th meeting of the Board. Sincerely, Official AN: bh Attachments XC: Recording Secretary City Clerk .' BRDADJ.DOC .9lmeril:.a's gateway to tlie (ju(fstream TO: Board of Adjustment Members FROH: City of Boynton Beach staff REFERENCE: staff Site Analysis - Board of Adjustment CASE NO. & ADDRESS: #155 4798 N. Congress Avenue MEETING DATE: July 08, 1991 CURRENT ZONING: C-3 LEGAL DESCRIPTION:: See attached OWNED BY: Lennar Homes, Inc. TYPE OF VARIANCE: Distance requirement (plus an Appeal of an interpretation of a definition) FACTS ON THE APPEAL REQUEST (Part I of the application): 1. This site is zoned C-3 and would permit an automotive service station without major repairs, including car washes as an accessory use, provided that the site is developed in accordance with Section 11.L. of Appendix A-Zoning. ') ... . Appendix A-Zoning, Section 11.L.1. requires a minimum distance of 1,000 feet between the nearest property line of the lot or plot of land UpOll which the proposed service station is to be constructed and tile nearest property line of a lot or plot of land upon which any other gasoline service station, church, publiC playground, hospital, public school or other similar public or semipublic pldce where large numbers of people congregate 1S located. Such distance shall be by direct airline measurement. This section lIas seven other requirements which must be met ~o COllstruct an automotive service station within a C-3 zone. 3. AppendiX A-Zoning, Section 1, Definitions of terms, defines an automotive service station as the use of a building or other structure on a lot or parcel of land which includes any retail sale of aasoline or other motor fuels and accessory uses such as the sale of lubricants, accessories or supplies. 4. There is a Farm store located on a parcel of land 131.2 feet west of the applicant's site. This 131.2 feet was measured June 26, 1991 by Al Newbold and Don Johnson of the Building Department. It is also 615.2 feet from the applicant's site to the Farm Store building. However, the code only ~equires a measurement between lot lines, which in this case is 131.2 feet and 1,000 feet is required per Appendix A-Zoning, section 11.L. 5. During a visit to the Farm Store by Al Newbold and Don Johnson, four gasoline pumps were counted, two on the south side and two on the north side of the building. There was oil, S.T.P brake fluid, windshield washer fluid, transmission fluid and power steering fluid on the south wall inside. There were also two attendants, Gale and Lisa. This complies with the definition of an automotive service station as defined in Appendix A-Zoning, Section 1. 6. Appendix A-Zoning, Section 1., only requires that a buildina or structure on a lot or parcel of land retails the sale of gasoline or motor fuels and lubricants, etc. in order to be considered an automotive service station. It does not preclude,the sale of other items nor does it exclude buildings or structures based on ownership, shape of structure, its name or other uses, etc. The fact that this is a building that sells gasoline, oil, etc. classifies it as an automotive service station per the City'S Zoning Code and must comply with the same before a permit can be issued. ~/??1 ,. t/ e~ 7lJ : /I A:vcf~ k..~ ~~/;z/? GJe-/'T /nGnZO . - ~\ ~~:1f4' 4 ~~. bf ~tJ-. v ~ T 4;ft-- tk-L ,s--.c fl/- ;2:;)-..:r ~ ~L.,!)/;Yr tJe7:r ~t/~~ '/J?-?KG"" 6Je:~//V~~V .. /h7I-T /~ /s ~r'W~CC P'/irr/ ~ &lltJ/~1'1/7> dJ? ~.t-/e4-770;t/ /i;;&yJ 4' ,2,. /9/?/Z/c4/1/T ~v"LJ #or ~ ~t//~ ~ .rtl547,r /1/1/Y ~~j7?- o~ ~ ~7 #c;J~LJ 0J ~ \ J s: .5rl'fff- Pll?>7?O .,J'/jZJvL'J ",/or ~ /~IP&ZJ 7& ~ t$#/t'.LJ /# ~;/~{1F ~ ~ f ~4/&--. ~/IlI~ /5 t2t?'fS4--VLl&on., ~4 ~~ ~L/(,LJ /t!lJ/- ~# T /W 6d4y &~ GrCd/ #r ~ Ar8QC /M7f//Il) , .\ \ , .\ . .- ~----- - -~ '~---~-------_._--~- - ~ June 7, 1991 1 ~o?J. BUILDING DEPARTMENT MEMORANDUM NO. 91-225 FROM: James Cherof City Attorney Don Jaeger /(;~)__ Building &~~ng Director Al Newbold Deputy Building Official TO: THRU: RE: BOARD OF ADJUSTMENT CASE - MOBIL OIL Attached is a copy of the Mobil Service Station application for an Administrative Appeal and Variance Request. The attached four (4) page letter, authorization letter and cover letter from Julian T. Bryan III was submitted to our office for the Board of Adjustment meeting to be held next month. In view of the fact that items required of the applicant (1 through 8 on the application) have been met, please review the attached two (2) memorandums from Vincent Finizio and advise me of the following: 1. Is the submittal incomplete? 2. Can Mr. Finizio request that the applicant submit data to his approval or must the applicant just complete the application requirements? 3. Should Mr. Finizio's memorandums be sent to the Board, through me, as he requested? Please note that the second part of the application is to be completed by our department, as well as a Fact Sheet which sets forth all pertinent information. Also, the variance is for a specific reduction of a distance requirement which, if granted fOr the nearest specified use, would, by its nature, carry through to other uses located farther away. Your comments on the above are needed as soon as possible so that we may process the request without any delay as the application should be forwarded to the City Clerk by Monday, June 10th. AN: bh Attachments MOBIL.DOC ENGINEER.I.NG DEPAR.THENT MEMORANDUM TO: AL NEWBOLD DEPUTY BUILDING OFFICIAL JUNE 7, 1991 FROM: VINCENT A. FINIZIO ADMINISTRATIVE COORDINATOR OF ENGINEERING RE: MOBIL SERVICE STATION/CONVENIENCE STORE THOUSAND FOOT DIST&~CE SEPERATION VARIANCE REQUEST LENNAR INCOMPLETE SUBMISSION Please be advised that upon reviewing the above referenced submission with Mr. Milt Duff of your office, I have determined that the above referenced submission does not contain all of the facts in this matter and tends to be somewhat misleading. I address your attention to the fact that this site is within a thousand feet of a recreational area. This fact was omitted from the variance request even though the Engineering Department made extensive comments regarding same during site plan review. Additionally, the site plan for this project has not yet complied with the provisions set forth in our Code of Ordinances. Paragraph number one of the written appeal is written in such a fashion that someone who may not be familiar with all of the facts, might believe that this site has already received site plan approval, when in fact it has not. Special attention should also be addressed to the fact that distance seperations are measured from property line to property line and this mechanism for determining distance seperation is a standard practice which does not constitute a hardship or an unusual circumstance. The Engineering Department herein requests that this application for variance be resubmitted with all of the facts so that the Board of Adjustments will not rule in a matter with only partial information. Please consider this variance request incomplete until the applicant represents the true and complete facts in his appeal request. Thank you in advance of your anticipated cooperation in this matter. t ) : ~ - ,-\- J,.. ~3 ... , cc: Board of Adjustments via Mr. Al Newbold, Deputy Building Official ~~\~~ J. Scott Miller, City Manager Christopher Cutro, Planning Director Don Jaeger, Building Department TO: Vince From: Mike June 7, 1991 RE: Mobil Oil Property Distances I did an odometer check on approximate separation distances from the proposed Mobil Service Station at Boynton Lakes Plaza and nearby church, recreational facilities, and day care CeI1L~0fF Areas that might bear further scrutiny are the recreational area at the Meadows subdivision and the church at Starboard and Congress. Inspector TO: AL NEWEDlD, Deputy Building Official Jtme 7, 1991 FROM: Vincent A. Finizio Administrative Coordinator of Engineering Re: Mobil Service Station Distance Seperation Please arrend my rrerno of Jtme 7, 1991 relative to the above referenced subject matt~r to include the Engineering Inspectors CClTlreI1ts as stated above. The applicant should provide a carprehensi ve suJ::rnission and further be responsible to provide sites affected by this proposed submission. { L~ftO;;!:4~~ cc; J. Scott Miller, biy Manager Julian Bryan & Associates June 3~ 1991 Building Department City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, Florida 33425 Re: Mobil Oil Service Station site. AppealNariance Request Gentlemen, I herewith submit on behalf of the property owner and applicant. Lennar Homes Inc., the attached submittal package on the above referenced matter. This package includes the following; A. $275.00 filing fee B. Completed variance application (form provided by City) C. Agents authorization letter from owner D. Proof of property ownership E. A survey of the property F. A final site plan depicting the proposed use of the site G. Signed property owners list affidavit H. List of property owners within 400' of the subject property 1. . Statement of conditions~ hardship~ etc. justifying request It is my understanding that this request will be heard by the Board of Adjustment at it's regular monthly meeting on July 8~ 1991. At that meeting we will be prepared to present a detailed presentation of our case. Should you desire further information or have any questions please free to call. cc: L nar Homes Mobil Oil Corporation Land Development Consultants · 3191 Leewood Terrace · L136. Boca Aaton. Florida 33431 . (407) 338-0395 May 31. 1991 Board of Adjustment City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach. FL 33435-0310 Re: Agency Authorization Board of Adjustment Application To Whom It May Concern: Please accept this correspondence as my confirmation that Charles W. De Santi and Julian Bryan are my authorized agents to submit and process the appeal of an administrative determination and the variance request for Mobil Oil Corporation. proposed to be located at the S.E. corner of Congress Avenue and Hypoluxo Road. for which Lennar Homes. Inc. is the title holder. Thank you. Sincerely. LENNAR HOMES. INC. l StiIart A. Miller Vice President SAM:ck {~Jtl~~ tcOTARY PUBLIC STATE OF FlOf-.IDA MY COMMISSION EXP. AUG.14.1994 BONDED THRU GE~RAL INS. UNO. 700 N.W. 1Q7th Avenue Miami. FL 33172 - (305) 559-4CX)Q APPEAL FROM ADMINISTRATIVE DETERMINATION/ REQUEST FOR VARIANCE LENNAR BOMES, INC./MOBIL OIL SERVICE STATION SITE INTRODUCTION The subject property is located at the Southeast corner of Congress Avenue and Hypoluxo Road. It is approximately 37,500 square feet in area with 177 feet of frontage on Hypoluxo Road and 213 feet on Congress Avenue. The present zoning is C-3, Community Commercial~: The 11.5 acre undeveloped site surrounding the subject property to the South and East is also zoned C-3 and has been granted site plan approval as the Boynton Lakes Plaza shopping center. HISTORY and PURPOSE On January 18, 1991, a proposed automotive service station site plan was submitted to the Technical Review Board (T.R.B.) for the subject site by Julian Bryan & Associates. An initial staff review and comments dated February 5, 1991, stated the need for a variance to City Zoning Code Section 11.L.1. (1000 feet minimum separation between service stations). A variety of comments from the various members of the T.R.B., were subsequently addressed and re-submitted on May 6, 1991. At the T.R.B. meeting on May 16, the T.R.B. affirmed its position regarding Section 11.L.I. and the need for a variance before the project could proceed further. Based upon the above described circumstances, the applicant respectfully requests the following: I. Appeal. A determination that the Farm Store located at the Southeast corner of Meadows Way and Hypoluxo Road is a convenience store and not an "automotive service station" as defined in the Boynton Beach Zoning Code. As a result, the 1000 feet separation requirement would not apply to the distance between the Farm Store and the subject site, and a variance would be unnecessary. II.. Variance. Absent a favorable determination of "I" above, a v~riance to Section 11.L.I. would be required to allow a service station to be located on the subject site within 1000 feet of the Farm Store. I. APPEAL: FARM STORE IS NOT AN AUTOMOTIVE SERVICE STATION An "automotive service station" is defined in section 1 of the Boynton Beach Zoning Code. This definition makes no reference to the sale of convenience goods as a principal use. Rather, the definition refers to the sale of gasoline and "accessory uses such as the sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, or the minor adjustment or repair of motor vehicles". Clearly, this definition contemplates that the principal use of an "automotive service station" is the sale of gasoline. The success of an automotive service station is largely dependant upon it's location, visibility, access and volumes of traffic on adjacent streets. Accepted traffic standards show that the vast majority of customers use these businesses on a "pass by" basis, rather than as a planned destination. The motoring public expects them to be conveniently located on major thoroughfares. A convenience store is specifically identified as an allowed use in a C-2, Neighborhood Commercial, Zoning District and is further allowed in C-3 by incorporation of the C-2 permitted uses by reference. The C-2 Zoning District also allows service stations provided they front on one or more four-lane collector or arterial roads. The C-3 Zoning District contains no such language, but is the more intense or liberal district. Clearly, each principal use is expected to have it's own identity based upon location and products offered for sale. The existing Farm Store at the Southeast corner of Hypoluxo Road and Meadows Way is a convenience store that also sells gasoline as an accessory use. It is owned and operated by Farm Stores Inc., an approximately 250 store chain of convenience stores. The primary business of a Farm Store is the sale of retail convenience goods and not the sale of gasoline. The gasoline sold is a generic brand, not advertised as the pr9duct of any major oil company. Only 40% of all Farm Stores sell gasoline as an accessory or ancillary use. The Farm Store has no access onto Hypoluxo Road and only has internal access through the shopping center or via Meadows Way which connects to the Meadows PUD to the South. This site was never intended as a high volume business location due to its severely restricted access. To the South and East of the facility is the rear service area of the shopping center. To the West, screening the facility from apartments on the West side of Meadows Way, is a 5 feet high masonry wall. Along the North line is an existing dr.ainage canal that eliminates the Farm Stores' access to and d{rect frontage onto Hypoluxo Road. II. VARIANCE REQUEST: ZONING CODE SECTION II.L.l The Ci ty variance, Zoning Code provides that, in order to authorize the Board of Adjustment must find the following: a 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. The existence of the Farm Store, if defined as an "automotive service station", would not allow the requested use of the subject property as a service station site due to the 1000 feet separation requirement contained in Section 11. L .1. All other applicable - 2 - requirements of the City Zoning Code and other City regulations will be met in the development of the subject property. No other undeveloped site in the City properly zoned for an automotive service station will be affected by the granting of this variance. The 1000 feet distance separation requirement contained in Section 11.L.I is applied using an "airline measurement". Ordinarily, airline measurement is the same as vehicular travel distance fo~: gasoline service stations located on the same thoroughfare.' However, due to the unusual location of the Farm Store, with its access being at its Southwest corner, the airline measurement in this instance between the Farm Store and the subject property is just over 600 feet, even though the actual vehicular travel distance exceeds 1000 feet. B. That the special conditions and circumstances do not result from the actions of the applicant. The applicant merely desires to use the subject property for one of the uses allowed in the C-3 Zoning District. The location of the Farm Store at its present site and the subsequent interpretation that the Farm Store is an "automotive service station" are matters that did not result from 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. The granting of this variance will not confer any special privilege on the applicant. No other similar condition exists in the City; that is, no other convenience store that has been defined as an "automotive service station" is located within 1000 feet of a P?tential automotive service station site. 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. As stated in "A" above, the definition of the Farm Store facility as an "automotive service station" denies the applicant the same permitted uses available to other owners of land within the same zoning district. Both the applicant and the travelling public are adversely affected. The size of the subject site, the adjacent zoning and its location at the intersection of two four-laned thoroughfares limit its use. No other service station is located within a mile of this site, nor is one likely to be developed due to a variety of circumstances. Presently, over 50,000 vehicles a day pass this location and at least 75% of the occupants of those vehicles must go out of their way to purchase gasoline in this area. Other possible uses of the site, such as a large convenience - 3 - store or fast food restaurant, generate 200% to 300% more traffic, than will the proposed use. B. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The only purpose of the variance requested is to allow an automotive service station on the subject site within 1000 feet of a convenience store that has also been described by City staff as an "automotive service station". No other variance is required an~: all other applicable regulations of the City will be met. 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 detriment to the public welfare. No attempt to increase intensity of use, reduce open space, exceed height restrictions or other possible infringements to the surrounding area have been requested. Many other uses would generate more traffic than the proposed use of the subject property. The stated intent of the C-3 Zoning District is "to encourage the development or appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three or four neighborhoods and located adjacent to at least one major thoroughfare". Both Hypoluxo Road and Congress Avenue are classified as major thoroughfares. Intersection improvements, including additional turn lanes, are presently being planned for this intersection, and the applicant has been requested to donate necessary additional right-of-way for these improvements. Internal access to the Boynton Lakes Plaza shopping center from the subject property has been required by the T.R.B., which will further reduce dependence on adjacent roadways. Well over 50% of the traffic through this intersection travels South on Congress Avenue and East on Hypoluxo Road to and from the Interstate 95 interchange. An automotive service station is ideally suited for this site. Negative impacts associated with a restaurant or convenience store as large as 4,800 square feet on the subject site, are apparent. The applicant is willing to commit as a condition of the variance that uses shown on the site plan submitted as a part of this request will not exceed the sizes shown, thereby assuring the City of the limited impacts of the proposed use. F:\WPFlLES\JENNIFER\L\LENNAR\BOYNTON.BEA\VARIANCE - 4 - CASE #155 - Page 2 FACTS ON THE VARIANCE REOUEST (Part II of the application): 1 . All of the Facts as stated in Part I, numbers 1 thru 6. ~ ~. A church is located 710.2 feet northwest of the applicant's site on the corner of Starboard and Congress Avenue and southwest are two parks, one pUblic and one private. The public park is 1,592.9 feet away but the private park is 547.9 feet away (see attached). 3 . The distance requirement of section II.L.l. would be required based on item #2 above, even if the Farm store automotive station did not exist. pm Attachments XC: City Manager City Attorney City Clerk city planner Recording Secretary Members - Board of Adjustment A:FACTS2.DOC .. LEGAL DESCRlP11ON= A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8; THENCE NORTH 85 DEGREES 10..MINUTES 24 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 60.01 FEET; THENCE SOUTH 03 DEGREES 40 MINUTES 59 SECONDS EAST, A DISTANCE OF 52.51 FEET TO THE POINT OF BEGINNING; THENCE NORTH 40 DEGREES 44 MINUTES 43 SECONDS EAST, A DISTANCE OF 35.00 FEET; THENCE NORTH 85 DEGREES 10 MINUTES 24 SECONDS EAST, ALONG A LINE 28.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SAID LINE BEING COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF HYPOLUXO ROAD, A DISTANCE OF 165.49 FEET; THENCE SOUTH 04 DEGREES 49 MINUTES 36 SECONDS EAST, A DISTANCE OF 219.96 FEET; THENCE SOUTH 85 DEGREES 10 MINUTES 24 SECONDS WEST, ALONG A LINE 247.96 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 193.43 FEET TO A POINT ON A CIRCULAR CURVE TO THE RIGHT, WHICH RADIUS BEARS NORTH 85 DEGREES 34 MINUTES 33 SECONDS EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS .OF 11399.16 FtET, A CENTRAL ANGLE OF 00 'DEGREES 44 MINUTES 28 SECONDS, AN ARC DISTANCE OF 147.45 FEET TO A POINT OF TANGENCY; THENCE NORTH 03 DEGREES 40 MINUTES 59 SECONDS WEST, A DISTANCE OF 48.04 FEET TO THE POINT OF BEGINNING. THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE. I I. i I I I, :~. .. i . ;: I I' ' I.- : .' I ., . tl ",/- 1~' ~~ tL .~ ff\"\'r- /\-,,,,,,,~, ! '0) '0- / \' / ,'\'..y . -. , ,'/ '....' .... ..' I :,. '_," '<.t,c::: /.::'. ,:,. . ... : '.. ~ "':. ..."" HEHORANDOH . . '\ .. 1.- .-- ..~..: ~ . .:~ .~: ~~ 51 ~ FROM: Chris Cutro, Director of Planning ::::Sd:~e:h::::~ :~t:9::t::~e~od~e~~~ Parking Lot Driveways for Service Stations TO: SUBJECT: DATE: April 2, 1991 . You have requested clarification of my memorandum of March 1, 1991. The use of the term "Service Station" in that opinion means automotive service station as defined in Section" 1 of Appendix A of the Code of Ordinances. Our Code makes no distinction between the traditional service station and the new manifestation of that business, to-wit: the convenience store with gasoline pumps or the kiosk type arrangement with a center structure wherein sales of accessory items takes place. My opinion should be applied to all situations where "any retail sale of gasoline or other motor fuels occurs when accompanied by" either: 1. Accessory uses such as the sale of lubricants, accessories or supplies; 2. The lubrication of motor vehicles; or 3. The minor adjustment or repair of motor vehicles. JACIlms LIB CUTROMEM Don Jaeger../ Vince Finizio Richard Staudinger J. Scott Miller, City Manager cc: ";t.,.' ~. XBKORANDUX (t.- L .r I ^,t:.., , ""'i~"[ -/-\ ; .....-- FROM: Chris cutro, Director of Planning~~ ~ James A. Cherof, City Attorney ~'- Code Interpretation, parking Lot Driveways for Service Stations TO: SUBJECT: DATE: March 1, 1991 You have asked me to examine an apparent conflict between Section 11 L 5 of Appendix A of the Zoning Regulations and Section 5- 142 (h) (3) as they relate to setback requirements for driveway entrances from intersecting right-of-ways. Stated differently, you have posed the following question: Should the requirements of the Boynton Beach Parking Lot Regulation be applied to the construction of driveway entrances for service stations? The question is answered in the negative. There are several principals of statutory construction that must be applied: 1. The principals of statutory construction apply to zoning ordinances which are issued by cities. Rinker Materials Corp. v. City of Miami, 286 So.2d 552 (Fla. 1973). ;.;101" 2. The general, and most persuasive rule of statutory construction is that whenever possible, the Courts will, and must, attempt to construe related statutory provisions, if conflicting, in such a way as to harmonize them and give them both full effect. Palm Harbor Special Fire Control District v. Kelly, 516 So.2d 249 (Fla. 1987); Villerv v. Florida Parole and Probation Commission, 396 So.2d 1107 (Fla. 1980); District School Board of Lake County v. Talmadge, 381 So.2d 698 (Fla. 1980). 3. Where a statute is passed wi th knowledge of prior existing laws, construction is favored which gives each statute a field of operation rather than a construction that would leave one statute meaningless or released by implication. State OeDartment of Publ ic Wel fare v. Gal ilean Children's Home, 102 So.2d 388 (Fla.~DCA 1958). 4. Since zoning ordinances are in derogation of the common law and deprive owners of the use of their property, any ~' ambiguities which may arise from conflicting zoning ordinances should be resol ved in favor of the property owner. Thomas v. city of Crescent City, 503 So.2d 1299 (Fla. 5th DCA 1987). 5. Courts must also give specific terms and provisions precedence over those terms and provisions which are more general in nature .if the two provisions conflict. Lake Barrinaton Citizens Commission v. Vil1aae of Lake Barrington, 312 NE.2d 337 (1974). In applying the above rules of statutory construction to the question posed I conclude that the two provisions of the Code are not in conflict and. can be read together. The parking lot regulations should be generally applied to all parking lot construction unless a more specific ordinance of the city exists, such as the one which applies to service stations. The Boynton Beach parking lot regulation does not apply to the construction of driveway entrances for service stations. Section 11 L 5 of Appendix A controls the distance requirements for parking lot entrances for service stations. Ilms LIB CUTROMEM cc: J. Scott Miller, City Manager Don Jaeger, Building Official Vince Finizio, Administrator Coordinator of Engineering /-(\":':. '.-/\"'-' ,- ,~/ . ;' ......."./ -' ' '-' .'........' . f _ . j- ' ,.::.:.- !- S~: _ ,'- ... i _ ......... \-..r. . " ,<.... \ /,-, ' -:. .('/~ "v:.. -.... .' '.<..> '. -', - _.. --....-('\, -', . ; \ \./ ._~ '''0'~ - -.'J9) .', ,~ / . .~...... ': " .. .. -,:,'" \ " ~.... . . . ~, r -' - ", r ~ .~ I ...... ~ ~ ~ ..... \ na eo.ollC 1 ... .. . ..t f,'1f . 121..11' J...~.....O " I 1 t 1 ! ~ ...... . . . . . ~. . . ! ! 19 ' ------ --.- , ,wn .. ~ '/ltC' H l-lL LN/ItC ~$fii6?/[$~~~. ,';:' . I.. ""' , , , " I M.-. ....; ~:.. ,'~ ( "'fI ' I . ~t11~f~ " di:;; - Ie;:'. .0/31 'II , C?~~rJ 'i53!!! . CITY OF BOYNTON BEACH MJ>.y b' ~ ." ~. - .,.. I )' '.'. .I r : ~ .\ - .f'. BOARD OF ADJUS~ APPLICATION ~ fO Q" oJ u ~f, Ib:" 1>1)S ~~ ,1.: . Submittal Deadline: Five (5) weeks before meeting date Please print or type Submittal date: 6-3-9/ The undersigned owner(s) hereby respectf~lly petition(s) the Board of Adjustment 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) S~~~~~~r~ Block , Subdivision Plat Book , . Page or otherwise described as follows: Property Address 4798 North ~ongress A~~ue The following documents are required to.be submitted with this application to form a single package. Incomplete package will not be accepted: 1. A sealed survey 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 G. Utilities on or adjacent to the H. Leg~l description I. Number of acres to the nearest J. Location sketch of property K. surveyor's Certificate site site one-hundredth (1/100) of an acre .2. A site plan properly dimensioned and. to scale showing:' A. All proposed str~9tures =. B. All existing struc~res tnat are to remain on site c. Setback lines for all structures drawn perpendicular from the properly 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 reco~ded in the County Courthouse. Such list shall be accompanied by an Affidavit (see attached) stating that to the best of .the applicant I s knowledge., said list is complete and accurate. .., '""-l 4. Proof of ownership of property by petitioner(s), purchase contract agreement. If an ,agent is petition, a notarized copy of a letter designating accompany the petition. . such as deed or SUbmitting the him as such must "'" 5. Statement of special: conditions, hardship's or re~sons justifying the requested' exception or variance. Respond to the ;six (6) questions below (A-F) on a separate sheet (Please print 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; ~ , ~ \y~: , , '. . . .. t , D0ARD OF ADJUSTMENT APPLIC~TIOM Page 2 D. That the ~pec:....l.~ ...:~;....c..:.. ~.i..o....s <i..d circumstances do not result from the ..lct.:..ons of t::c L\pplicant; ."' c. That I]rant.i..ng the \la:..- ':"Llnce requested wil~ not c~:mfer on t~e applicant ~an'l special privilege that ~s den~e? by th~s Ordinance to other lands, buildings or structures ~n 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 oJ this chapter and that such variance will not be - injurious to the area involved or otherwise detrimental to the pUblic welfare. 6 . Application fee in the amount of $275, payable to the City of Boynton Beach" must accompany this petition. 7. Name and address of owner: Lennar Homes Inc. 8. Name of applicant: Stuart A. Miller. Vice - President Applicant's address: 700 N . W . 107 th Avenue Miami Applicant''!:; ohone D: 305 559-4000 Date: C;/11/Ql - Signature of Applicant: ._----------------------------------~----------------------------------- To be completed by the Building Official or Representative 1. Property is presently zoned: C-3 Formerly zoned:'PUD in 6-3-75 '2. Property Control Number: 08-43-45-08-00-000-3020 3. Denial was made upon existing . zoning or sign requirements' (list sections [s] of Codefr-~ which~'relief is required): ... see attached 4. Nature of exception or variance required: "'- ... see attached Date: June 10, 1991 Permit denied: ~~,~~ . uilding Department 5. Case Number:. 155 Meeting Date: July 08, 1991 . . -----------------------------------------------------------------~----- To be filled out by Board. BOARD OF ADJUSTMENT ACTION: Approved Aye Denied Nay StipUlations: Signed: Chai:rrnan .- '" . ., Attachment to Board of Adjustment Application - Case #155 3. Appendix A-Zoning, Section 1 (definition of terms - Automotive Service Stations), Section 6.C.1.p (permitted use within a C-3 zone) and Section 11.L.1 (minimum distance of 1,000 feet between the nearest property line of the land upon which a proposed service station is to be constructed and the nearest property line of land upon which any other gasoline service station, church, public playground, hospital, public school or other similar public or semipublic place where large numbers of peopl~ congregate is located). 4. This site is within 1,000 feet of a service station, two recreational facilitiesiparks) and a church at Starboard and Congress. In order to construct a service station, the applicant would need a variance from the distance requirement of Appendix A-Zoning, Section 11.L.1. Also, the applicant is seeking an appeal from the Building and Legal Departments' interpretation of Appendix A-Zoning, Section 1 - that the definition of an automotive service station is any business which has retail sales of gasoline or other motor fuels and accessory uses such as the sale of lubricants, etc. (see attached). - ~ AN:bh 6/91 BRDOFADJ.DOC ;" .' , . , ., Sec. 1 BOYNTON BEACH CODE AUTOMOBILE. An automobile or motorcycle, as defined by the rules of the Florida Department of Highway Safety and Motor Vehicles. .' AUTOMOTIVE SERVICE STATIONS. The use of a butlding or other structure, on a, lot or parcel of land which includes any retail sale of gasoline or other motor fuels, and accessory uses such as the sale of lubricants, accessories, or supplies, the lullri. cation of motor vehicles, or the minor adjustment or repair of motor vehicles (see definition: "minor repairs"). No vehicles shall be stored nor major repairs done on the premises. A public park. ing lot or public parking garage shall not be a permitted accessory use to an automotive service station. BAR OR COCKTAIL LOUNGE. An establishment which serves or includes the serving of beer, wine, or liquor to patrons other than in conjunction with the serving of meals. BOARDING AND ROOMING HOUSE. A building other than hotel or motel providing lodging and where meals are or are not se.rved for compensation. BOATEL. Yachtel. BUILDING. Any structure constructed or built for the support, enclosure, shelter, or protection of chattels, persons, animals or the like. The word "building" includes the word "structure" and shall include anything constructed or erected which requires permanent location on the ground or is attached to anything.. having a permanent location on the ground and shall include, but not be limited to, such structures as homes, hotels, motels, apartments, stores, service stations, radio towers, billboards, cdol. ing towers, tanks, smokestacks, grain elevators, and silos. Such terms shall be construed as if followed by the phrase, "or part thereof. " BUll..DING AREA. The portion of a lot remaining after the required setbacks have been provided. Buildings may be placed in any part of the building area, but limitations on the percent. age of the-Iot-which may be covered by buildings may require open sp~;e within the bUiiding area. BUILDING OFFICIAL. The official in charge of the Guilding department, or his authorized representative charged with ad. . Supp. No. as 1876 . - . .. , . ' " . .......:.... .... '0, .. '0' ...,...... . "'::',::'::':. ..... . ", " . I" .. ..... .. .,0. . ~. . .'. . ... 0' .', " " ..... ":::':. .. .:':': ",'.' .'..... .:....'. ....... .::::<J.:::.~/ ~ .:,::. :', ...:.: ,:.: .. ':, ' !, ,:...:: : .:..... :- '" .. "':".:',' -: ". ';,", .,.1 ~;" . '~. t, ' ; .- ,~~' . ,. " " .',. . . . - . . . , . . :!. , " " . I ~ .. APPEAL FROM ADMINISTRATIVE DETERMINATIONI REQUEST FOR VARIANCE LENNAR HOMES, INC./MOBIL OI~ SERVICE STATION SITE INTRODUCTION The subject property is located at the Southeast corner of Congress Avenue and Hypoluxo Road. It is approximately 37,500 square feet in area with 177 feet of frontage on Hypoluxo Road and 213 feet on Congress Avenue. The present zoning is C-3, Community Commercial. The 11.5 acre undeveloped site surrounding the subject property to the South and East is also zoned C-3 and has been granted site plan approval as the Boynton Lakes Plaza shopping center. HISTORY and PURPOSE On January 18, 1991, a proposed automotive service station site plan was submitted to the Technical Review Board (T.R.B.) for the subject site by Julian Bryan & Associates. An initial staff review and comments dated February 5, 1991, stated the need for a variance to City Zoning Code Section 11.L.1. (1000 feet minimum separation between service stations). A variety of comments from the various members of the T.R.B., were subsequently addressed and re-submitted on May 6, 1991. At the T.R.B. meeting on May 16, the T.R.B. affirmed its position regarding Section 11.L.I. and the need for a variance before the project could proceed further. Based upon the above described circumstances, the applicant respectfully requests the following: I. Appeal. A~etermination that the Farm Store located at the Southeast corner of Meadows Way and Hypoluxo Road is a convenience store and not an "automotive service station" as defined in the Boynton Beach Zoning Code. As a result, the 1000 feet separation requirement would not apply to the distance between the Farm Store and the subject site, and a variance would be unnecessary. II. Variance. Absent a favorable determination of "I" above, a variance to Section 11.L.I. would be required to allow a service station to b~ located on the subject site within 1000 feet of the Farm Store. . I. APPEAL: FARM STORE IS NOT AN AUTOMOTIVE SERVICE STATION An "automotive service station" is defined in Section 1 of the Boynton Beach Zoning Code,. This def ini tion makes no reference to the sale of convenience goods as a principal use. Rather, the definition refers to the sale of gasoline and "acciessory uses such as the sale of lubricants, accessories, or supplies, the lubrication of motor vehicles, or the minor adjustment or repair of motor vehicles". Clearly, this definition contemplates that the principal use of an "automotive service station" is the sale of gasoline. ,.' '.1 t.. "', <~ " . ....-:-~) , ,".' '~.," .',',. .. '.... "'.'.'" . '. . ..'~ .~ 'w :~'... ~'f" " . .... . , . ..;..... : ' , , , I" .:, ....... . . .' The success of an automotive service station is largely dependant upon it's location, visibility, access and volumes of traffic on adjacent streets. Accepted traffic standards show that the vast majority of customers use these businesses on a "pass by" basis, rather than as a planned destination. The motoring public expects them to be conveniently located on major thoroughfares. A convenience store is specifically identified as an allowed use in a C-2, Neighborhood Commercial, Zoning District and is further allowed in C-3 by incorporation of the C-2 permitted uses by reference. The C-2 Zoning District also allows service stations provided they front on one or more four-lane collector or arterial roads. The C.) Zoning District contains no such language, but is the more intense or liberal district. Clearly, each principal use is expected to have it's own identity based upon location and products offered for sale. The existing Farm store at the Southeast corner of Hypoluxo Road and Meadows Way is a convenience store that also sells gasoline.as an accessory use. It is owned and operated by Farm Stores Inc., an approximately 250 store chain of convenience stores. The primary business of a Farm Store is the sale of retail convenience goods and not the sale of gasoline. The gasoline sold is a generic brand, not advertised as the product of any major oil company. Only 40% of all Farm Stores sell gasoline as an accessory or ancillary use. The Farm Store has no access onto Hypoluxo Road and only has internal access through the shopping center or via Meadows Way which connects to the Meadows PUD to the South. This site was never intended as a high volume business location due to its severely restricted access. To the South and East of the facility is the rear service area of the shopping center. To the West, screening the facility from apartments on the West side of Meadows Way, is a 5 feet high masonry wall. Along the North line is an existing drainage canal that eliminates the Farm Stores' access to and direct frontage onto Hypoluxo Road. II. VARIANCE REQUEST: ZONING CODE SECTION 11.L.I The City variance, Zoning Code provides that, in order to authorize the Board of Adjustment must find the following: a 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. The existence of the Farm Store, if defined as an "automotive service station", would not allow the requested use of the subject property as a service station site due to the 1000 feet separation requirement contained' in Section 11. L .1. All other applicable - 2 - . .. .;. . , --~ to , . ~ . requirements of the City Zoning Code and other City regulations will be met in the development of the subject property. No other undeveloped site in the City properly zoned for an automotive service station will be affected by the granting of this variance. The 1000 feet distance separation requirement contained in Section II.L.I is applied using an "airline measurement". Ordinarily, airline measurement is the same as vehicular travel distance for gasoline service stations located on the same thoroughfare. However, due to the unusual location of the Farm Store, with its access being at its Southwest corner, the airline measurement in this instance between the Farm Store and the subject property is just over 600 feet, even though the actual vehicular travel distance exceeds 1000 feet. B. That the special conditions and circumstances do not result from the actions of the applicant. The applicant merely desires to use the subject property for one of the uses allowed in the C-3 Zoning District. The location of the Farm Store at its present site and the subsequent interpretation that the Farm Store is an "automotive service station" are matters that did not result from 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. The granting of this variance will not confer any special privilege on the applicant. No other similar condition exists in the City; that is, no other convenience store that has been defined as an "automotive service station" is located within 1000 feet of a potential automotive service station site. 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. . . As stated in "A" above, the definition of the Farm Store facility as an "automotive service station" denies' the applicant the same permitted uses available to other owners of land within the same zoning district. Both the applicant and the travelling public are adversely affected. The size of the subject site, the adjacent zoning and its location at the intersection of, two four-laned thoroughfares limit its use. No other service station is located within a mile of this site, nor is one likely to be developed due to a variety of circumstances. Presently, over 50,000 vehicles a day pass this location and at least 75% of the occupants of those vehicles must go out of their way to purchase gasoline in this area. Other possible uses of the site, such as a large convenience - 3 - ,. . ..' ., .' . .....~ ~'. . '.~:I<.> : .. . ' " .. i.j ~..- ,. '- store or, fast food restaurant, generate 200% to 300% more traffic, than will the proposed use. E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The only purpose of the variance requested is to allow an automotive service station on the subject site within 1000 feet of a convenience store that has also been described by City staff as an "automotive service station". No other variance is required and all other applicable regulations of the City will be met. 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 detriment to the public welfare. No attempt to increase intensity of use, reduce open space; exceed height restrictions or other possible infringements to the surrounding area have been requested. Many other uses would generate more traffic than the proposed use of the subject property. The stated intent of the C-3 Zoning District is "to encourage the development or appropriate intensive retail commercial facilities providing a wide range of goods and services, located centrally and accommodating three or four neighborhoods and located adjacent to at least one major thoroughfare". Both Hypoluxo Road and Congress Avenue are classified as major thoroughfares. Intersection improvements, including additional turn lanes, are presently being planned for this intersection, and the applicant has been requested to donate necessary additional right-of-way for these improvements. Internal access to the Boynton Lakes Plaza shopping center from the subject property has been required by the T.R.B., which will further reduce dependence on adjacent roadways. Well over 50% of the traffic through this intersection travels South on Congress Avenue and East on Hypoluxo Road to and from the Interstate 95 interchange. An automotive service station is ideally suited for this site. Negative impacts associated with a restaurant or convenience store as large as 4,800 square feet pn the subject site, are apparent. The applicant is willing to commit as a condition of the variance that uses shown on the site plan submitted as a part of this request will not exceed the sizes shown, thereby assuring the City of the limited impacts of the proposed use. P'\WPPlLES\JENNIPER\L\LENNAR\BOYNTON.BEA\VARIANCB - 4 - .. ," C E R T I F I CAT ION TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (4.00) FEET OF THE APPLICANT'S PROPERTY. I' II S- bb" A 7T /Y::j..IE;D 5:/-Ic;c;n; ". I, .' - .7~ .r::~. - , . ., , BROOFADJ .DOC Rev.l/91 ." .:. ,~ ~",. -;J;.f-/ )-J 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 eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: BUILDING DEPARTMENT PREPARED BY: Al Newbold DATE PREPARED: 6/10/91 BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public Hearinq Notice for Case #155 to be held at City Hall on July 08, 1991 SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) Standard LeGal Ad SEND COPIES OF AD TO: All property owners within 400 feet of property. Board of Adiustment members, city Commission. City Attorney, City M~naGer, BldG. & Zoninq Director & applicant NEWSPAPER(S) TO PUBLISH: BOYNTON BEACH NEWS DATE(S) TO BE PUBLISHED: June 20. and June 27. 1991 ( 1 ) ~ ~o~/ , /( D ate) I ( 2 ) (City Attorney) (Date) ( 3 ) (City Hanager) (Date) RECEIVED BY CITY CLERK: COMPLETED: .' pm-S/91 A:LEGALNOT.DOC NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ADJUSTMENT of the CITY OF BOYNTON BEACH, FLORIDA, for the variance as indicated, under and pursuant to the pl-ovi3ions of the ZonillSLS~.9de of Bald city: Case #155 Owner: Lennar Homes, Inc. Requested Variance: A distance variance between a gas station and other prop~rties where large groups of people congregate. Also seeking an appeal of an Administra t i VE> Dec is ion of the Bu:i.1ding Department as to the definition of an Automotive Service station. Proposed Use: Automotive Service Station Location: 4798 N. congress F.venue Legal Description: see attached A PUBLIC HEARING will be held relative to the above application by the BOARD OF ADJUSTMENT at City Hall, Commission Chambers, Boynton Beach, Florida, on Monday, July 08, 1991, at 7:00 P,M. Notice of a requested variance is sent to property owners within 400 feet of the applicant's property to give, them a chance to voice their opinion on the subject. Comments may be heard in person at the meeting or filed in writing prior to hearing date. If further information is desired, call 738-7408, City Clerk's office. All interested parties are notified to appear at ~aid hearing in person or by attorney and be heard. Any person who decides to appeal any decision of the Board of Adjustment with l-espect 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 SUZANNE M. KRUSE CITY CLERK PUBLISH: BOYNTON BEACH NEWS June 20, and June 27, 1991 pm A:LEGALAD.DOC LEaAL DESCRIPTION: A PORTION OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8; THENCE NORTH 85 DEGREES 10 MINUTES 24 SECONDS EAST, ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 60.01 FEET; THENCE SOUTH 03 DEGREES 40 MINUTES 59 SECONDS EAST, A DISTANCE OF 52.51 FEET TO THE POINT OF BEGINNING; THENCE NORTH 40 DEGREES 44 MINUTES 43 SECONDS EAST, A DISTANCE OF 35.00 FEET; THENCE NORTH 85 DEGREES 10 MINUTES 24 SECONDS EAST, ALONG A LINE 28.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, SAID LINE BEING COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF HYPOLUXO ROAD, A DISTANCE OF 165.49 FEET; THENCE SOUTH 04 DEGREES 49 MINUTES 36 SECONDS EAST, A DISTANCE OF 219.96 FEET; THENCE SOUTH 85 DEGREES 10 MINUTES 24 SECONDS WEST, ALONG A LINE 247.96 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF 193.43 FEET TO A POINT ON A CIRCULAR CURVE TO THE RIGHT, WHICH RADIUS BEARS NORTH 85 DEGREES 34 MINUTES 33 SECONDS EAST; THENCE NORTHERL Y ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 11399.16 FEET, A CENTRAL ANGLE OF 00 'DEGREES 44 MINUTES 28 SECONDS, AN ARC DISTANCE OF 147.45 FEET TO A POINT OF TANGENCY; THENCE NORTH 03 DEGREES 40 MINUTES 59' SECONDS WEST, A DISTANCE OF 48.04 FEET TO THE POINT OF BEGINNING. THE LAST TWO DESCRIBED COURSES BEING COINCIDENT WITH THE EAST RIGHT-OF-WAY LINE OF CONGRESS AVENUE. ~.