BOARD OF APPEALS
CITY of
BOYNTON BEACH
~ Mailing:
~, Telephone:
Post Office Box 310
Boynton Bch FL 33425-0310
(407) 738-7480(FAX 738-7459)
100 East Boynton Beach Blvd
Boynton Beach Florida 33435
BUILDING DEPARTMENT
City Hall Complex
West Wing
December 13, 1990
Vernon Thompson, Chairman
Board of Adjustment
2535 S.W. 12th Street
Boynton Beach, FL 33426
ATTENTION: All Board of Adjustment Members
Dear Mr. Thompson:
Attached is a copy of a memorandum from James Cherof, City
Attorney, to the Building department. Based on this memorandum,
I have scheduled a meeting of the Board of Adjustment for
Thursday, January 3, 1991, at 7:00 P.M. in the City Commission
Chambers. The sole purpose of this meeting is for the Board to
decide whether or not they wish to rehear the variance
application for Gary C. Phillips. If the Board decides to rehear
this case, the rehearing will be scheduled for a later date.
Sincerely,
-i!- _ ~
Al Ne~ld
Deputy Building Official
-"
AN: bh
Attachment
XC: City Manager
City Attorney
City Clerk
Recording Secretary
Central files
BRDOFADJ.DOC
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DEC-11-'90 16:00 ID:JOSIAS AND GOREN
TEL NO:305-771-4923
=021 P02
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IlIXOlU'DUJC
FROM:
SUBJECT:
Don Jaeqer, Buildinq , Zoning Director
an~ Ai Newbold, Building Code pe~~t~dmi~istratorL
James A. Cherof, City Attorney~
Board of Adjustment/Gary C. Phillips Request
for Variance
--
TO:
DATE:
December 11, 1990
Attached i& a letter c1ateC1 December ~, 1990, which I received
from John C. G8sch, Esquire, attorney tor Gary C. Phillips. Mr.
Gesch is requesting a rehearinq or h1s client's matter before the
Board ot AC1justlllent anC1 alleges that the Board's decision was
l'basec:2 upon reliance on improper consideration". Additionally,
Mr. Gesch 1ndicates that he has additional evidence. to present
~etor. the Boar~. He has also attached a copy of a Complaint for
Declaratory an~ Injunct1ve Relief which he indicates he is
prepared to file aqainst the city.
Since the Board operates pursuant to Robert's RUles of Procedure,
the Board could, upon proper Motion and affirmative vote,
reconsider and rehear this Application for Variance. It is my
recommenda.tion that a meeting of the Board of Adjustment be
scheduled so that the Board may consider whether or not it wishes
to conduct a rehearing of this variance application. It qranted,
the rehearing would not occur at that time, but at a later date
to be set by the Board so that adjoininq property owners could be
notified of the rehearinq.
Please advise me of the day and time when the Board will meet to
consider whether to rehear this matter and I will advise Mr.
Phillips' Attorney.
co: city Manager
--- _. .--
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J'AC/llll.
L/B
JAEGER
/ ,
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DE-11-' '3e 16: 26 1 D: JCSIAS I=.t.lD SOREN
TEL NO:305-7~1-4923
=022 P03
pw 8 ~. &J,)?/
('; !~~T?'4~k
JO~N C. GE!lC04
December 5, 1990
z~.. 'OUTH COHQIlC.. "~E'fI,ll
...~.. ....L.. -I:,",C", "1.0"10" ~~4C.
(40') 0..-'400
Jim Cheroff, Esquire
c/o Boynton B~ach City Hall
100 East Boynton Beacb Boulevard
P. O. Box 310
Boynton Beach. FL 33435
RB: My client: Gary C. Phillips
Board of Adjustment MeetiDS held I1/1S/90
R.ECEIVED
DEe 'l m>
CITY An ORNEV
.
Dear Mr. Cheroff!
In furtharance of bur ~el.phon. ~onvarsation this date, plea~e allow this
letter to aarv. .. my client'c request for a rehear ins of it, decision on
my elient'. Board of Adju8~nt Variance ApplicAtion vhich was heard On
Novgmber 15, 1000. We believe that the Board'. decision wa. baaed upon
reliance on improper considerations and we wish to p~..ent additional ev1dence
before ~he Board. The Board's decision effectively denies my c11ent of
any reasonable use of the aubj~~t property and precludes confo~~ng use
under the present H-l ~oning.
Under the zonina ord1~&nCe8 it wou14 appear that if an appeal is to be taken
it must be taken to ~he Palm Beach Coun~y C1rcu1t Court within 30 days of
rendition of the Board's decision. I bave prepared a complaint to be filed
in Pa~ Beach County Circuit Court; however, I do not necessarily wish to
f11e same !f a rehearlnl can be re-had before the !oard. I enclose a courtesy
copy of that complaint herein for your records.
Finally. allow tbis letter to confirm your agreement to toll ~b. 30 day
time limit within which to file an appeal during the tiBe which it takes
to determine if the Board will or will not Irant a rehearing and. if $0.
until. decision i5 made at rehearing.
I enclose he~ein for your consideration a copy of the minute. of the November
15. 1990, meeting from which you can gather that the use to which my client
was puting the subject property was permi.sibl. under the present M-l 20nini
and the only problem was an inability to acquire an occupational license
due to the lot size being less than the required M-l 10,000 feet. It is
apparent that the Board's decision was based on testimony of adjoining landowners
relative to what they deemed the offensive nature of the buses on the property.
.....~.....-..L .. _'U... v e , I J, J,,' e .J f...J..J j n,J ""',j"I .....\.,,11II'-....1'
1'-'- """"e..Jlt.J..J-' 1...-";1'...J
"~44. rl:l"l
Jill Cheroff. Esquire
-2.
necemh.r 5. 1000
The Board clearly hag the power to Irant the variance subject to conditions
wbi~h ahould yesolve the complaints of the adjoin!ns landowner. without
effe~tiv.ly deny!na my client any rea.onable us. of hi_ p~op.rt7' You will
note from the minute. Mr. Phillips had .ita plan and environaental approval
and apparently al.o .taff approval for the variance.
Thank you foy your anticipated continued coop.ration yelative to this matter.
Sincal:"aly.
JOHN c. GZSCH, P.A.
Geach
JCG:l&8
Enclosures
ee: Gary C. Phill1pl
I
~N C. CRew, P."'.
AlTOlINt'r' AT UiN
ICMM CONOUff "\'IN".
.1 ~ ","elf. fLOIIIDA
....
DOli ....7400
.. .., . ..J l...J..J .. n...., nl'.1I UU'f't:.I"
1 C;L. 1'-1. ...)I::);:J- r ( ~ -...:-'<::.,)
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II
IN THI CIRCUIT COURT 01 'nIB FImlNTH
JUDICIAL CIRCUIT, IN AND FOR
PALM hACH COUNTY
CIVIL DIVISION
II
i: GARY C. PHILLIPS.
Plaintiff.
C.liE NO.
!I Vi.
II THE CITY OF BOYNTON ItACH. a politicd
IJsubdlvision of the State of 'lorida,
1/
II Derllmdant.
:1
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COHPLAI~T POR DECLARATORY AND INJL~CTlVE RlLIl'
!, 1. This is an .otion for declarato.y and 1njunctlve relief involving
q
ii~Qal property located in P.lm BeAch Cg~nty, Plorlda, and valued In excess
ilof $5,000.00.
.
i
II 2. Plaintiff, Gary C. Philllps, owns that certain real property located
..
Ilwithin the City of 8oynton 8each, Palm Beach County. Florida, more particularl
'.
II described as:
II Lot 23, Boynton Industrial Park, Addition No.1,
;il Accor41ng to the Plat thereof in fila of the Office of
:, the Clerk of the Circuit Court, in and for Palm Beach
I County, Flo~ida, in Plat Book 29, ~ale 15Z.
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j of the State of Florida. The .ubject Teal altate 18 zoned M-l. and has bean
. used by Plaintiff for the .torage of buses owned by Plaintiff'. bus company.
3.
Defendant, the City of Boynton Beach. 1s a political subdivision
I
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4. Plaintiff applied fo< an occupational llean.. for tho .ubjaot .001 I
property and was refused '&me because Appendix A-Zonini. Section 8.A.6. BUl1di11
and Site Regulations require a minimum lot are. of 10.000 square feet to
The subject real property contains app~oximat81y 7.946 square feet.
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.be used 1n an M-l zone.
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DEC-11-'90 16:28 ID:JOSIAS AND GOREN
TEL NO:30S-771-4923
=022 P06
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IS. Plaintiff applied to the City of Boynton Beach Board of Adjustment
for a variance allowina him to use the subject real property for M-l zonina
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I purposes. even tbouih same did not contain the required 10.000 square feat.
6. The Bo.~d of AdjU5tment by a S to 2 vote denied Plaintiff'. v.~iance
II
'request at a hearins ha.ld befot'e the Board on NovlUllber 15, 1990.
"
j: 7. The use to Which Plaintiff put the .ubj.~t real proparty wu and
'11is a permissible use under the ).1-1 20nins and Plaintiff would not have h.d
"
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:1 to apply to tha Bo.l'd. of A4justmcmt but fot' the lot fila bo;.ns he.; that
il the required 10,000 square f..t.
11
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8.
Plaintiff had both sitQ plan and environmental approval prior to
II
jj the Board of Adju.tlllant h..dnS.
" O. Plaint.iff wHl be uneble to ruk. a r.a.onable or beneficial uso
liof his real property in view of the fact that the prop.~ty b zoned !i-I and
cannot be used for an M-l ~onin8 puxpo.. due to its size.
10. Thexe i. no other reasonable or beneficlal use of the subject real
property other than for "-1 zon1ng purposes in light of lts .1ze, character
and location.
j 11. The decision of the Boat'd of Adjustment for the City of Boynton
l~each was unsupported by any competent or substantial evidence and vas contrar
,te the evidence in the record and should tberefore ba reversed.
!
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OHH C. Gr'CH, P.". ','Florida Statute..
A"~IY AT lAW I
~;~~~:;:':l 13. Plaintiff To.dopt. and ~eall.le. paTalraphs I through 12 hBrein~
1_~=7_ Ilabove as if and tbough fully set forth hereln.
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COUNT I
DECLARATORY RELIEF
12.
Thi. i. en action for declaratory relief pursuant to Chapter 86.
DEC-11-'90 16:29 ID:JOSIAS AND GOREN
TEL NQ:305-771-4323
=022 P07
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14.
Plaintiff is in doubt about hi. rilhts under a ~.8ulation enacted
under Itatutory authority and under the o~dinance. of ~h. City of Boynton
Balch and due to the actions of Defendant, the City of Boynton Beach, actions
I,
'. complained of herdn, a prel8nt dispute and . ju.t1ciable conbovery exht
between the partie. rRsardins the appropriate land u.. desisnation for the
I.
Ii subject property and there is a need for a decla~.tion of Plaintiff's rishts.
,II WHIRRFORE, Plaintiff re8peetfully r.que.ta this Cou~t to make a doelarati;n
I' ,
I of h b j
i. riihts with re.peot to t . sub eat property, including but not limited
II to a fincUni that..
I,
II
I (.) Th. decision of the Boa~4 of Adjustment of the City of !oynton
o
I Beach to dony the Petition fo~ v.~lanee relative to the subject property
II was unsupported by any competent or substantial evidence and W85 contrary
f' to the .vid.nce 1n the record and therefore should be reversed. and
Ii (b) The decislon to deny Plaintiff's requelt for variance was arbitrary
I and capricious and not rationally related to the leslticate objectives of
the land us. regulatory power, and effects a takina of the Plaintiff's tespective
property without due process or ju.t compensation and therefore should be
reversed.
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11: IS. Thi. i. an action for injunctive relief pursuant to this Court's
,I, powar. and jurisdiction under Section 26.012(3), florid. Statutes.
I 16. Plaintiff readopts and realleaes parairaphs 1 throuah lS hereinabove
I &1 if Bnd thouah fully set forth herein,
OHN e. OIICM, ".A.
ATT..NIV A' >AN
6IOU'nlCOHQAUS"\fINUI Ii 17. Plaintiff is without an adeQuate umady at law and will Sluffe~
'., 'AUI. IIACH. FlOIl OA I
J~ f
oaNoN4.'" ~ ir:-eparable and illll1lediate injury by virtue 0 hains denied any reasonable
COUNT II
INJUNCTIVE RBLIEF
II
II
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OHN C. GE5C~L P,A. !I
"~ONIIV lilT .- I
. IOUtl4 COHOI'" AVlllUt
UHA:At:.I'\,OIlOA. I
:utI .....,_
DEC-11-'90 16:29 ID:JOSIAS AND GOREN
TEL NQ:3e5-771-~923
=_02.2 P08
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II Pale 4
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or benafieial us. of hi. property d~ to the .rb1t~.~y and capr1c1ouI actions j
cf th. Board of AdjUQtmants for the City of Boynton Beach complained of here1nl
: WHERI10Rl. Plaintiff respactfully request. this Court to enter a permanenf
'I I
11 mandatory injunction o~derinl the Board of Adjustment tor the City of Boynton I
I. f
Ij Baach and the City of Boynton Beach t.o Innt the variance requested by Plainti f
and to ~llov him use of the aubject real property for any and all appropriate
'I M-l zonin. PUl'po....,
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II
11
r
JOHN C. G!SCH, f .A.
Attorney for Plaintiff
By:
John C. Gesch
Z365 South Congress Avenue
West Palm Beach, iL 33406
(407) 964-7400
Fla. Bat Y: 0192250
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MEMORANDUM
November 5, 1990
TO: J. Scott Miller, City Manager
James Cherof, City Attorney
Chris Cutro, Planning Director
Don Jaeger, Building & Zoning Director
FROM: Al Newbold
Deputy Building Official
RE: PRE-VARIANCE MEETING - BOARD OF ADJUSTMENT
A pre-variance meeting is scheduled for Wednesday,
November 7, 1990, at lO:OO A.M., in my office at the
Building Department.
This meeting is in conjunction with the Board of Adjustment
meeting to be held on November 15, 1990.
, ~
tfI'~a. ~
Al Ne,wbold
AN : ld
Attachments
A:PREVAR.DOC
TO:
Board of Adjustment Members
City of Boynton Beach Staff
Staff Site Analysis - Board of Adjustment
FROM:
REFERENCE:
CASE NO. & ADDRESS:
#l50
617 W. Industrial Ave.
MEETING DATE:
November l5, 1990
CURRENT ZONING:
M-l
DESCRIPTION OF PROPERTY:
Lot 23, Boynton Industrial Park, Addition
No.1
OWNED BY:
Gary C. Phillips
TYPE OF VARIANCE
REQUESTED:
Reduction in lot size
FACTS:
Because of its size, this is a non-conforming lot in a non-residential
district and cannot be approved for use as bus storage and service
without a variance, per Appendix A - Zoning, Section 11.I.C.B.a.
I. The lot was platted as Lot 23, Boynton Industrial Park Addition
No. I (7,946 sq. ft.).
2. It is presently zoned M-I and was formerly zoned M-I.
3. No licensed establishment has been legally permitted at this site
and there are no lawful structures placed on Lot 23, Boynton
Industrial Park.
4. Appendix A - Zoning, Section B.A.6. Building & Site Regulations
requires a minimum lot area of 10,000 square feet. This lot has
approximately 7,946 square feet.
5. To legally use this site for this type of business, the applicant
would need a variance in lot size of 2,054 square feet from the
10,000 square feet required and would need to comply with other code
requirements as per staff's letter, dated September 24, 1990, to
Mr. Phillips (copy attached).
AN:ld
XC: Members - Board of Adjustment
City Manager
City Attorney
City Clerk
City Planner
Recording Secretary
A:FACTSl50.DOC
!CITY of
BOYNTON BEACH
t-I~ilin~ :
Post Office Box 310
Bt'~onton Beach FL 33425-0310
(401) 738-7480
100 E Bl'ynton Beach Blvd
Bt')Onton Beach FL 33435
,
BUILDINC DEPARTMENT
City Hall Complex
West lliDS
TlI!lephone:
AJdress:
RECEIVED
september 24, 1990
~ ~.., :'j -;" " ~
'.' ~ ~ f_:J '~\.a
Gary Phillips
3313 Fernwood Drive
Boynton Beach, FL 33426
RE: OCCUPATIONAL LICENSE APPLICATION FOR PROPOSED BUS STORAGE BUSINESS
OCGUF'Ai il:;'Mi. qCfNSES
Dear Mr. Phillips:
Your application for an Occupational License to operate a bus storage
business has been reviewed by the Building Department Staff. Prior to
issuing the Occupational License to operate the business at the site as
identified on the documents submitted with the application, the site must
be improved to meet the applicable sections of the City of Boynton Beach
Code of Ordinances. The following is a list of some of the ordinances that
will be relevant to the improvement of your site: Appendix-A Zoning,
Parking lot, Land~capina, and the Building Codeo To improve the site, you
must acquire site plan approval. This will require initially filing a Site
Plan Review Application and associated documents to the city of Boynton
Beach Planning Department.
The. proposed bus storage site, as identified on the survey submitted with
the Occupational License Application does not meet the minimum size
requirements as specified in Appendix-A Zoning. The building and site
requirements specified in the Zoning Code must be met in order to improve
the site. Therefore, to improve the site and acquire site approval, relief
from the Zoning Code, must be obtained. Such relief is sought by applying
to the Board~Adjustment and being granted approval from a specific
section of the Zoning Code. Approval is granted in acqordance with the
appropriate section(s) of the Appendix-A Zoning Code. To obtain a Board of
Adjustment Variance Form, cont'act the Plan Review and Permitting Division
of the Building Department. The next Board of Adjustment meeting will be
held on November 15, 1990, with October 11, 1990 being the application
submittal deadline date.
If I can be of further assistance, please contact me.
HEH:ald
attachment
XC: Don Jaeger
Betty HcHinanmen
Code Enforcement
CITY OF BOYNTON BEACH
...
. BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: Five (5) weeks before meeting date
l
Please print or type
Submittal date: October 5, 1990
The undersigned owner(s) hereby respectfully petition(s) the Board of
Adjustment to grant to petitioner(s) a special exception or variance to
the existing Zoning Code of said City pertaining to the property
hereinafter described and in support thereof state(s):
.
Property involved is described as follows: Lot(s)
23
,
Block
, Subdivision,. Boynton Industrial Park. Addition NQ. 1
Plat Book 29 , Page 152 or otherwise described. as follows:
Property Address 617 West Industrial Ave, Boynton Beach, Fl 33426
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 site
G~ Utilities on or adjacent to the site
H. Legal description
I. Number of acres to the nearest one-hundredth (l/lOO) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. A site plan properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that 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. Elevatiens 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
purchase contract agreement.
petition, a notarized copy of a
accompany the petition.
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 print or type):
by petitioner(s), such as deed or
If an agent is submitting the
letter designating him as such must
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;
, ,
BOARD OF ADJUSTMENT APPLICATION
Page 2
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 m~n~mum 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. Application fee in the amount of $275, payable to the City of
Boynton Beach, must accompany this petition.
7. Name and address of owner: Gary C. Phill ips
8. Name of applicant:
Same as Above
Date: j:J-r-C;tI.
Applicant's address: 3313 Fernwood Ori ve, Boynton Beach, Flo 33435
Applicant's phone *: 7 f ~ - ;;Z 7:r;1' /j ..., _.-")
. c.l~y:)//v
Signature of Applicant: ~~ep<r<"'"
To be completed by the Building Official or. Representative
-----------------------------------------------------------------------
1. Property is presen~ly zoned:
M-1
Formerly zoned: M-I
2. Property Control Number: 08-43-45-20-17-000-023.0
3. Denial was made upon existing zoning requirements (list sections[s]
of Code from which relief is required:
Annendix A - Zonin~. Section 8. A. M-I Industrial District. 6. Building & Site Regulatio
4. Nature of exception or variance required: The minimum required lot area
is 10.000 square feet. This lot has 7,946 square feet. Therefore. a variance of
2.054 square feet is required.
Date: October 12. 1990Permit denied: ~ ~ . U
Buil~rtment
Milt Duff. Chief Plans Review Inspector
s. Case Number: ISO Meeting Date: November 15. 1990
-----------------------------------------------------------------------
To be filled out by Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
BRDOI'ADJ.DOC
Rev.4/90
G.C. Phillips
PrrHid..",
. . "
7~ ADVENTURE C~ARTERS
Local and Nationwide Charters
P~lm fWll<'h i32-40!l9
8roward "91-JJ2:1
STATEMENT OF SPECIAL CONDITIONS
HARDSHIPS OR REASONS FOR JUSTIFYING
REQUEST FOR EXCEPTION OR VARIANCE
OCTOBER 5, 1990
TO: CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENTS
SUBJECT PROPERTY:
hOT 23, BOYNTON INDUSTRIAL PARK, ADDITION No.1
.
I HEREBY SUBMIT THE fOLLOWING SPECIAL CONDITIONS,
HARDSHIPS Ai~D REASONS JUSTIFYING THE REQUESTED EXCEPTION OR
VAi<IANCE.
I HAVE BEEN THE OWNER OF THE SUBJECT PROPERTY SINCE
1985. AT THE TIME OF PURCHASE, I UTILIZED SAID PROPERTY AS A
STORAGE AREA FOR MY TOWING SERVICE WHICH WAS AN ALLOWABLE
USE FOR THE SITE.
IN 1988, I RELOCATED MY BUS COMPANY AND USED THE LOT
FO~ STORING AND MINO~ REPAIRS OF THE BUSES. ALTHOUGH THIS IS
A PERMITTED USE IN AN INDUSTRIAL ZONE, THE LOT BECAME NON-
FORMI~G WHEN THE ZONING ORDINANCE WAS CHANGED.
TROPICAL ADVENTURES HAS BEEN SERVING THE COMMUNITY FOR
MORE THAN TEN (10) YEARS AND HAS 3EEN A GOOD NEIGHBOR IN THE
COMMUNITY. ~
A. THE SUBJECT PROPERTY IS AN UNDERSI ZED LOT A#f)-15..t-ANf).~/'
L~-01LALL-S~f)€-S- THEREFORE..--Do-e:-S---N<H---ME-E-T---THE:--TE ST. OF
PRE.5ENT DAY C::TAN~ER THE-E-X-I-s-i-I-N-G--t)RDTN-A-NeE-. AT THE
Pi<ESENT TIME THERE IS NO CONTIGIOUS PROPERTY FOR SALE.
THE PROPERTY IS COMPLETELY FENSED. THE AREA IS SURFACED
WITH A SIX INCH CONCRETE BASE ON 99% OF THE lOT AND HAS
ADEQUATE LIGHTING AND DRAINAGE.
G.C. Phillips
Prp~irl"",
(
7~ ADVENTURE CHARTERS
Local and Nationwide Charters
Palm Beach n2-4099.
Rroward 491-772~
THERE ARE NO PERMANENT STRUCTURES ON THE SITE.
B. THE EXISTING SPECIAL CONDITIONS AND CIRCUMSTANCES ARE
NOT THE HESULT OF ANY ACTIONS TAKEN BY THE APPLICANT BUT
WERE BROUGHT ABOUT AS A RESULT OF CHANGING LAWS, RULES AND
REGULATIONS OF THE CITY.
C. I UNDERSTAND THAT BY GRANTING THIS VARIANCE I WILL NOT
HAVE CONFER UPON ME ANY SPECIAL PRIVILEGES THAT ARE DENIED
UNDER THE ORDINANCE TO OTHER LANDS, BUILDINGS AND STRUCTURES
IN THE SAME ZONING DISTRICT.
D. THE LITERAL INTERPRETATION OF THE PROVISIONS OF THE
ORDINANCE GOVERNING THE USE OF MY LOT WOULD DEPRIVE ME OF
THE SAME RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS IN
THE SAME ZONING DISTRICT UNDER THE TERMS OF THE ORDINANCE
AND WOULD WORK UNNECESSARY AND UNDUE HARDSHIP ON ME.
E. THE MAJOR PROBLEM THAT EXISTS IS THE FACT THAT THE LOT
IS UNDERSIZED AND DOES NOT MEET THE STANDARDS OF THE ZONING
ORDINANCE AS TO SQUARE FOOT REQUIREMENTS. THIS IS A MINIMUM
VARIANCE ADJUSTMENT THAT WILL MAKE POSSIBLE A REASONABLE USE
OF THE PROPERTY.
F. THE GRANTING OF THIS VARIANCE IS IN HARMONY WITH THOSE
PROPERTIES SURROUNDING MINE AND IS NOT INJURIOUS TO THE AREA
INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WEL~ARE.
I THEREFORE REQUEST THE GRANTING OF THIS VARIANCE TO
ALLOW ME TO KEEP OPERATING MY BUSIN~SS.
JE;,P. CJ~... =y jSUB~~T':ED:
&.,. L-~q 4~c
_.- AiYu,p1~IPS, OWNER
'-''':
GP:SSB
COPIES: N. GREGORY
TOM GRIFFITH, ESQ.
FILES
Meml>P.r
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350 East Industrial Avenue, Boynton Beach, Florida 33426
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M E M 0 RAN DUM
November 8, 1990
TO: Vernon Thompson, Chairman
Board of Adjustment
FROM: Sue Kruse, City Clerk
RE: Meeting of November IS, 1990
Ms. Patt Tompson called to say she ~ill be unable to attend
the above referred to meeting. She requested an excused
absence.
J~ ~//?~
SK/pr
cc: Alfred Newbold,
Deputy Building Official
Board File
Absentee File
Recording Secretary
,I " ~....,J~:,\:::if;
(
AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING
DATE:
THURSDAY, NOVEMBER 15, 1990
TIME:
7:00 P.M.
PLACE:
BOYNTON BEACH CITY HALL
COMMISSION CHAMBERS
100 E. BOYNTON BEACH BLVD.
----------------------------------------------------------------
A.
Acknowledgement of Members and Visitors
B.
Reading and Approving of Minutes
C.
Announcements
D.
Communications
E.
Old Business - None
F.
New Business - None
Cases to be presented on November 15, 1990
. f 7
- ~~estIndustrial Avenue
Gary C. Phillips
Reduction in lot size
I. Case il50
OWner:
Request:
-
~~
-,
G.
Pending requests for future meeting - December 10, 1990
I. CASE il51 - OPEN
H.
Other Business
I.
Adjournment
NOTICE: Any person who decides to appeal any decision of the Board of
Adjustment with respect to any matter considered at this meeting will nee<
a record of the proceedings and for such purpose may need to ensure that
verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based.
ld
XC: Members - Board of Adjustment
Honorable Mayor and Commission
City Manager
City Attorney
Interim Planning Director
City Clerk
Building & Zoning Director
Recording Secretary
ISOAGEND.DOC
(
TO:
Board of Adjustment Members
FROM:
City of Boynton Beach Staff
Staff Site Analysis - Board of Adjustment
REFERENCE:
CASE NO. & ADDRESS:
#l50
617 W. Industrial Ave.
MEETING DATE:
November l5, 1990
CURRENT ZONING:
M-l
DESCRIPTION OF PROPERTY:
Lot 23, Boynton Industrial Park, Addition
No.1
OWNED BY:
Gary C. Phillips
TYPE OF VARIANCE
REQUESTED:
Reduction in lot size
FACTS:
.~-
"
Because of its size, this is a non-conforming lot in a non-residential
district and cannot be approved for use as bus storage and service
without a variance, per Appendix A - Zoning, Section 11.1.C.B.a.
I. The lot was platted as Lot 23, Boynton Industrial Park Addition
No. I (7,946 sq. ft.).
2. It is presently zoned M-I and was formerly zoned M-I.
3. No licensed establishment has been legally permitted at this site
and there are no lawful structures placed on Lot 23, Boynton
Industrial Park.
4. Appendix A - Zoning, Section B.A.6. Building & Site Regulations
requires a minimum lot area of 10,000 square feet. This lot has
approximately 7,946 square feet.
5. To legally use this site for this type of business, the applicant
would need a variance in lot size of 2,054 square feet from the
10,000 square feet required and would need to comply with other code
requirements as per staff's letter, dated September 24, 1990, to
Mr. Phillips (copy attached).
AN: Id
xc: Members - Board of Adjustment
City Manager
City Attorney
City Clerk
City Planner
Recording Secretary
A:FACTS150.DOC
M E M 0 RAN DUM
JJj.s c)
TO:
SEE BELOW
DATE: October 24, 1990
FROM:
Sue Kruse
City Clerk
SUBJECT: Board of Adjustment
Application for:
Gary C. Phillips
Case #150
Lot Variance
Forwarded herewith are the fclowing copies of documents
regarding subject petition:
Application
Letter from TropicaAdventure Charters dated 10/5/90
Warranty Deed date~/16/85
Notice of hearing ( advertised and sent to pro-
perty owners withi~OO'
Property list of oers within 400' and a map
\.~LJ ~/~" ~
Sue ruse
mas
attachments
cc: Raymond Eney
James Miriana
Thomas C. Newton
Andrew Haynes
Vernon Thompson, Cha:an
Patt Tompson
Ben Uleck
Kevin Michael Clair
Henrietta Solomon
Al Newbold
.._.._~------._~...._----.,~-_._-.._-,-.
r' ' 'j ,
J...- (.I,
;'
CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
L
Submittal Deadline: Five (5) weeks before meeting date
Please print or type
Submittal date: October 5, 1990
The undersigned owner (s) hereby respectfully peti tion( s) _the Board of
Adjustment to grant to petitioner(s) a special exception or variance to
the existing Zoning Code of said City pertaining to the property
hereinafter described and in support thereof state(s):
Property involved is described as follows: Lot(s)
23
Block
, Subdivision
Boynton Industrial Park. Addition No. 1
Plat Book 29
, Page 152 or otherwise described as follows:
617 West Industrial Ave, Boynton Beach, Fl 33426
Property Address
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 site
G. Utilities on or adjacent to the site
H. Legal description
I. Number of acres to the nearest one-hundredth (l/lOO) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. A site plan properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that 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. Elevati~ns 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
purchase contract agreement.
petition. a notarized copy of a
accompany the petition.
by petitioner(s), such as deed or
If an agent is submitting the
letter designating him as such must
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 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;
BOARD OF ADJUSTMENT APPLICATION
Page 2
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 h~rdship 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. Application fee in the amount of $275, payable to the City of
Boynton Beach, must accompany this petition.
7. Name and address of owner:
Gary C. Phillips
8. Name of applicant:
Same as Above
Applicant's address: 3313 Fernwood Dri ve, Boynton Beach, Fl. 33435
Applicant's phone ~: ?f t( - .7 ?y"i! --q . y'./ . / .
Date: Ie -[:,-'7tf Signature of Applicant: _~?tf;;;e4r'~'"
-----------------------------------------------------------------------
To be completed by the Building Official or Representative
1. Property is presently zoned:
M-1
Formerly zoned: M-I
2. Property Control Number: 08-43-45-20-17-000-023.0
3. Denial was made upon existing zoning requirements (list sections[s]
of Code from which relief is required:
Appendix A - Zoning, Section 8. A. M-1 Industrial District, 6. Building & Site Regu1at
4. Nature of exception. or variance required: The minimum required lot area
is 10,000 square feet. This lot has 7,946 square feet. Therefore, a variance of
2,054 square feet is required.
Date: October 12, 1990Permit denied: ~ 1J ' U
Buildin~rtment
Milt Duff, Chief Plans Review Inspector
5. Case Number: 150 Meeting Date: November 15, 1990
-----------------------------------------------------------------------
To be filled out by Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
BRDOFADJ.DOC
Rev.4/90
re,
G.C. Phillips
Prr.<idr"t
~
7~ ADVENTURE CHARTERS
Local and Nationwide Charters
Palm Beach 7::\2-4099
Broward 491-7723
STATEMENT OF SPECIAL CONDITIONS
HARDSHIPS OR REASONS FOR JUSTIFYING
REQUEST FOR EXCEPTION OR VARIANCE
OCTOBER 5, 1990
TO: CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENTS
SUBJECT PROPERTY:
LOT 23, BOYNTON INDUSTRIAL PARK, ADDITION No. 1
I HEREBY SUBMIT THE FOLLOWING SPECIAL CONDITIONS,
HARDSHIPS AND REASONS JUSTIFYING THE REQUESTED EXCEPTION OR
VARIANCE.
I HAVE BEEN THE OWNER OF THE SUBJECT PROPERTY SINCE
1985. AT THE TIME OF PURCHASE, I UTILIZED SAID PROPERTY AS A
STORAGE AREA FOR MY TOWING SERVICE WHICH WAS AN ALLOWABLE
USE FOR THE SITE.
IN 1988, I RELOCATED MY BUS COMPANY AND USED THE LOT
FOR STORING AND MINOK REPAIRS OF THE BUSES. ALTHOUGH THIS IS
A PERMITTED USE IN AN I~DUSTR!AL ZONE, THE LOT BECAME NON-
FORMING WHEN THE ZONING ORDINANCE WAS CHANGED.
TROPICAL ADVENTURES HAS BEEN SERVING THE COMMUNITY FOR
MORE THAN TEN CI0) YEARS AND HAS BEEN A GOOD NEIGHBOR IN THE
COMMUNITY. ~
A. THE SUBJECT PROPERTY IS AN UNDERSIZED LOT A#t)-f-5--tAN-f)-~~
LO-CKI="D O"-J ALL--SH}f-5- THE-REfi.)Rc-ut)o-E-S-Ne-t-M~-l'--THE--TEST OF -
PRES -ttNe E R T H E-E-X-f-s-TI-NG---O-Rf)-:r-N-AtH~ E- . AT THE
PRESENT TIME THERE IS NO CONTIGIOUS PROPERTY FOR SALE.
THE PROPERTY IS COMPLETELY FENSED. THE AREA IS SURFACED
WITH A SIX INCH CONCRETE BASE ON 99% OF THE lOT AND HAS
ADEQUATE LIGHTING AND DRAINAGE.
Member
~~
350 East Industrial Avenue, Boynton Beach, Florida 33426
G.C. Phillips
Pre~idPnt
~
7~ ADVENTURE CHARTERS
Local and Nationwide Charters
Palm Beach 732-4099
Broward 491-7723
THERE ARE NO PERMANENT STRUCTURES ON THE SITE.
B. THE EXISTING SPECIAL CONDITIONS AND CIRCUMSTANCES ARE
NOT THE HESULT OF ANY ACTIONS TAKEN BY THE APPLICANT BUT
WERE BROUGHT ABOUT AS A RESULT OF CHANGING LAWS, RULES AND
REGULATIONS OF THE CITY.
C. I UNDERSTAND THAT BY GRANTING THIS VARIANCE I WILL NOT
HAVE CONFER UPON ME ANY SPECIAL PRIVILEGES THAT ARE DENIED
UNDER THE ORDINANCE TO OTHER LANDS, BUILDINGS AND STRUCTURES
IN THE SAME ZONING DISTRICT.
D. THE LITERAL INTERPRETATION OF THE PROVISIONS OF THE
ORDINANCE GOVERNING THE USE OF MY LOT WOULD DEPRIVE ME OF
THE SAME RIGHTS COMMONLY ENJOYED BY OTHER PROPERTY OWNERS IN
THE SAME ZONING DISTRICT UNDER THE TERMS OF THE ORDINANCe
AND WOULD WO~K UNNECESSARY AND UNDUE HARDSHIP ON ME.
E. THE MAJOR PROBLEM THAT EXISTS IS THE FACT THAT THE LOT
IS UNDERSIZED AND DOES NOT MEET THE STANDARDS OF THE ZONING
ORDINANCE AS TO SQUARE FOOT REQUIREMENTS. THIS IS A MINIMUM
VARIANCE ADJUSTMENT THAT WILL MAKE POSSIBLE A REASONABLE USE
OF THE PROPERTY.
F. THE GRANTING OF TH~S VAR1ANCE IS IN HARMONY WITH THOSE
PROPERTIES SURROUNDING MINE AND IS NOT INJURIOUS TO THE AREA
INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE.
I THEREFORE REQUEST THE GRANTING OF THIS VARIANCE TO
ALLOW ME TO KEEP OPERATING MY BUSINESS.
RE;"'C}~L Y~S~~B~~,H.,.ED:
~. r-~(:;/[ L~.~C'
--b~Y "(Hfe-LIPS, OWNER
GP:SSB
COPIES: N. GREGORY
TOM GRIFFITH, ESQ.
FILES
Member
~~
350 East Industrial Avenue, Boynton Beach, F10rida 33426
~
. ,
;
Thi~ instrument wa~ prepared by;
---~ ~
Darrar.1I ~ .lleed (STATUTORY FO~I'
/
(
RE'l'UHN ffO:
------- ----~-
MICHAEL P. SMODISH, Esq.
;">.. .--
P. O. Box 642
IIOVNTON BEACH, flORIDA 33425-0642
'-'qION 689.02
,."
00
Cl
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ru
mqis lnbrnturr,
Mod" thi~
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Au':! u;-; t,
19 85 , irtwttn
JAMES E. CROOK and JANE D. CROOK,
wife,
of the County of
Palm Beach
State 01
Florida
, grantor", and
Lfl
OJ GARY C. PHILLIPS, a single man,
who~e post office addre~~ i~
3313 Fernwood Drive, Boynton Beach
of the CO:Jnty of
Palm Beach
. State of
Florida
, grantee.,
ClO
N Bitnrssrlq, That ,aid gruntor, lor and 10 comlderahon 01 the ,urn 01 ----------------------------
0)
--
TEN AND NO/lOa ($10.00) ----------------------------------------------Dollors,
and other good and valuable con~ideralions to !>CIid grail tor in hand paid by said grontt.e, the r<.-(tlpt whereol i, hereby
acknowledged, has granted, bargained and sold to the said grantee, and grantee" heir' urld QS,igm lorever, the following
described land, situate, lying and being in Pa 1m Beach (OUIllY, Florida. lo-wlt:
u:
I
c....
LoW
V)
;.,-
Lot 23, BOYNTON INDUSTRIAL PAHK, ADDITION NO.1,
according to the Plat thereof on file in the Office
of the Clerk of the Cirelli l Cour t in Clnd for Palm
Beach County, Florida, in Plat Book 29, Page 152.
SUBJECT TO easements, reservations and restrictions
of record, if any; zoning regulations of applicable
governmental authority; and real property taxe~ for
1985 and subsequent years.
':" Co.J(~C.UT !"... l~J ~.._
. 1~...:511l1. ":&Jl ,<I.
ci:'~'--r-;-;;- ~,~:::. '~--"i.'. f Ice Ie..
~.;.-..J-J"...~
and said grantor doe~ hereby tully warrant the title 10 ,aid lalld, and will defend Ihe some ogaimt Ihe lawful claim~ of 011
persons whomsoever.
1< "Grantor" and "grantee" are used tor ,ingulor or plural, os context require~.
.1Jn mihlFSS mQFrruf. Grolltor hm hereunto
Sigr>ed. sealed and delivered in our presence:
,et YrO~ltor" h nd and ~col the J,ay and year llfst
'-'. C:.' {;?
I '.. c::t/1-v~L.J C-l-.t'"-,.---L
.'.__n __
Jp. S E. CROOK
j.
above written.
,\
(Seal)
(Seal)
~I/
~--
JANE D. CROOK
(Seal)
($eol)
ST A TE OF FLORIDA
U1 COUNTY OF PALM BEACH
--r I HERE8Y CERTIFY that on thi, day belore me, all olticer ;July qucllihed to toke acknowledgrnenls, per,onolly appeared
,....
/
/
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 provisions of the
Zoning Code of said City:
Case #150
Owner:
Gary C. Phillips
Requested
Variance:
10,000 square feet is m1n1mum required lot area.
The lot area has 7,946 square feet. Therefore, a
variance of 2,054 square feet is requested.
Proposed Use:
Bus Storage
Location:
617 West Industrial Ave.
Legal
Description:
Lot 23, Boynton Industrial Park, Addition No. 1
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 Thursday, November 15, 1990, 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 said hearing in person
or by attorney and be heard. Any person who decides to appeal any
decision of the Board of Adjustment with respect to any matter
considered at this meeting will need a record of the proceedings and
for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE
CITY CLERK
PUBLISH: BOYNTON BEACH NEWS
October 25 and November I, 1990
t ~ ~ d
, ,
ld
CASE#150
cc: City Manager
City Attorney
City Commission
Recording Secretary
Board Members
File
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A cOQpleted co~y o~ ~h~s r~ut:ng sl:p must accempa~y any =equest
~o have a Legal Nc~~c~ ~r Legal Ad'ler~lSeme~~ Published and must
be submitted to the Office ~f the Clty Attorney 8 working days
prier to the first publishing date requested below.
ORIGINATING DEPARTMENT: BUILDING DEPAR~:iNT
PREPARED BY: A 1 Newbol d
DATE PREPARED: October 17. 1990
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Adiustment Public Hearing
Notice for Case No.150 to be held at City Hall on November 15. 1990.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
,
!=:TANnA'Rn T.F.r.AT. An
~..
::,
,;11
S::ND COPIES OF .~:> ':'0: All orooerty owners within 400' of property. Board of
Adiustment members. City Commission. City Attorney. City Manager, Building & Zoning
Director and applicant.
NEWSPAPER(S) TO PUBLISH: BOYNTON BEACH NEWS
DATE(S) TO BE
PUBLISHED: October 25 and
November 1 1990
, .
Head)
lO/17/(}o
(Da te:j
( 2 )
("City Attorney)
(Date)
f 3 }
.I
t Ci t:i Manager)
COate)
RECEIVED BY CITY CLERK:
CCHPLET~D:
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 provisions of the
Zoning Code of said City:
Case #150
OWner:
Gary C. Phillips
Requested
Variance:
10,000 square feet is minimum required lot area.
The lot area has 7,946 square feet. Therefore, a
variance of 2,054 square feet is requested.
Location:
Bus Storage
617 West Industrial Ave.
Proposed Use:
Legal
Description:
Lot 23, Boynton Industrial Park, Addition No. 1
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 Thursday, November IS, 1990, 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 said hearing in person
or by attorney and be heard. Any person who decides to appeal any
decision of the Board of Adjustment with respect to any matter
considered at this meeting will need a record of the proceedings and
for such purpose may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which the appeal is to be based.
CITY OF BOYNTON BEACH
SUZANNE M. KRUSE
CITY CLERK
PUBLISH: BOYNTON BEACH NEWS
October 25 and November I, 1990
ld
CASE#150