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BOARD OF ADJUSTMENT CITY OF BOYN~ON BEACH BOARD OF ADJUSTMENT APPLICATION PaU0 ;276'G~~nd)':' ; ) - IR - r 2- u-r. ch(.,k. #" J 0 J (p " , Submittal Deadline: Five (5) weeks before meeting date Please print or type Submittal date: JI b/92- , I 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 or Sign Code of said City pertaining to the property hereinafter described and in support thereof state(s): ':>C( 4 TTA c v 6/...J Property involved is described as follows: Lot(s) LC-c::'.,.-A-'- Block , Subdivision , Plat Book ,. Page or otherwise described as tollows: Property Address 2761) 5, L/5~ 11{UY I J fJ)oy/v-rotU l~(.Y " , . ~he 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 ~ver 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. w Easements. on or adjacent to the site G. Utilities on or adjacent to the site H. Legal description I. Number of acres to the nearest one-hundredth (1/100) of an acre J. Location sketch of property K. Surveyor's Certificate 2. A site plan properly dimensioned and to scale showing: A. All proposed stru.s:tures - 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's knowledge, said list is complete and accurate. . . . 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 s. . 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; .:. January 6, 1992 Dominic M. Desiderio, Jr. 2755 So. U.S. Hwy # 1 Boynton Beach, Florida 33435 Regarding: ATRIUM PLACE 5. Statement of Special Conditions A. In order to maintain this property as a viable tax base Direct Access to the Federal Highway is necessary. I am aware of no other property that has this hardship and limitation. B. The above did not occur because of my 2ctians. C. Simil~~ properties in this zoning district enjoy the privilege of Direct Access to the Federal llighway. D. Every potential renter states the sane objection- "If you had Direct Access to the Federal Highway I would rent this space." E. I believe this is the minimum variance in order to accomplish a reasonable occupancy level. F. I believe the granting of this variance will be harmonious with the zoning and improve the public welfare. ,I /In I;...,,__,~; e j lc ( (1. - <) ,"" = . P' -, BOARD OF ~~JUSTMENT APPLICATION Page 2 B. Tha t the special condi tions and circumstanc~s do not result from the actions of the applicant; .' ' C. That granting the variance requested will not confer' on the applicant any special privilege that is denied by this Ordinance to other lands, buildings or structures in the same zoning district; . D. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Ordinance and would work unnecessary and undue hardship on the applicant; E. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; . F. That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be - injurious to the area involved or otherwise detrimental to the public welfare. 6. Application fee in the amount of $275, payable to the City of Boynton Beach, must accompany this petition. 7. 8. Name and address of owner: 7)['JJ1//I/IL Name' of applicant: [)om;/v/c J/f1 Applicant's address: (), E Applicant's phone I: 4-0 7 - :2 7 b .' q 7 ~C""'" Date: ) ) t: J q 2- Signature of Applicant. ~ \ / I /11 f)E5"/PE)<7/{J)1( j)ES-jlJEf2IC 'Tr2. '1 " ." ----------------------------------------------------------------------- To be completed by the Building Official or Representative 1. Property is presently zoned: 2. Property Control Number: Former ly zoned:' 3. Denial was made upon existing 'zoning or sign requirements ( list sections[s] of Code 'ftbm which~reliefis required): .. 4. Nature of exception or variance required: Date: Permit denied: 5. Case Number: Building Department Meeting Date: , . . ~---------------------------------------------------------------------- To be filled out by Board, OQ:e.~0~N T: C - 3 BOARD OF ADJUSTMENT ACTION: ' R;)IC~eR.LV .- fc tJ I D 8-. Y '3> - L/ S' - 33- DO ,- t'ov- s )00 Stipulations: Signed: ~ ' Chai:rman 4. ~. [;ih c 4f ~ MtbT( ('J& '. J-110 (~( .." , :;. I · . LIS't IS .,.. 'tRUE ~'O rfIE BES'r OF M'l \UI~LEIJGE >>lP BELIEF. 'rilE 1'.'l''r)>.CIlEP ~EC'l' LIS'r OF pll.OPEll.'l"l ()WllEll.S '<!I'rIlIlI FOUR llUlIPll.EP (400 \ FEE'r OF 'l'\IE pLI cJ>$l" 5 pll.OPEll.'l"lo c', CEll.'rIFIC)>.'rIOll ,~ '. :: ' ."!'c- '0-.. ,.......... - " . . . - ..... -etU>Of.,..nJ · DOC lle".1./9)' . . I DEADLINE DATE December 9, 1991 January 6, 1992 February 3, 1992 March 9, 1992 April 6, 1992 May 4, 1992 June 8, 1992 July 6, 1992 August 10, 1992 September 7, 1992 October 5, 1992 November 9, 1992 SCHEDULE BOARD OF ADJUSTMENT MEETING DATE January 13, 1992 February 10, 1992 March 9, 1992 April 13, 1992 May 11, 1992 June 8, 1992 July 13, 1992 August 10, 1992 September 14, 1992 October 12, 1992 November 9, 1992 December 14, 1992 NOTE: THE ABOVE DATES MAY BE SUBJECT TO CHANGE. A:BOASCHED.SDD ~ THIS INSTRUMENT PREPARED BY: WILTON L.r~HITE, ESQ. POST OFFICE BOX 3888 WEST PALM BEACH, FL 33402 RETURN TO: WILTON L. WHITE, ESQ. POST OFFICE BOX 3888 WEST PALM BEACH, FL 33402 PROPERTY CONTROL NUMBER: 08-43-45-33-00-000-5100 TAX 1.0. NUMBER OF GRANTEE: 65 0293309 110791 4626y/l SPECIAL WARRANTY DEED I tL THIS SPECIAL WARRANTY DEED, made this ,d.. -, day of November, 1991, between BARNETT BANK OF PALM BEACH COUNTY, a Florida banking corporation, of the County~ of Palm Beach, State of Florida, whose address is 625 North Flagler Drive, West Palm Beach, Florida 33401, Grantor, and DESIDERIO, CORP., a Florida corporation, whose address is 1000 White Drive, Delray Beach, Florida 33483, Grantee: WITNESSETH. That said Grantor, for and in consideration of the sum of TEN AND NO/I00 DOLLARS ($10.00), and other good' and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee I s successors and assigns forever, the following described land, situate, lying and being in Palm Beach County, Florida, to-wit: See Exhibi t "A" attached hereto and hereby made a part hereof. SUBJECT, HOWEVER, to taxes for the year 1992 -and subsequent years; to all applicable governmental regulations; to restrictions, reservations and easements of record (it not being the intent hereof to reimpose the same); and said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons arising by, through or under Grantor. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered in our presence: BARNETT BANK OF PALM BEACH COUNTY BY : c.. Its Name: President (BANK SEAL) -' STATE OF FLORIDA ) ) ) COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day, before me, an officer duly qua lified /" to L, ta~e acknowledgments, personally appeared LaS t<-uz--Inlr~k. , to me known to be the J/le e.- President of the corporation named as grantor in the foregoing deed, and that he subscribed to and acknowledged executing the same in the presence of two subscribing wi tnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hanQ and official seal in the County and State last aforesaid this Idt;b. day of November, 1991. ~,tL ~_ ~..J NOTARY PU~LIC I Name: 7)ebrn r Lfnd5+r0/71 (NOTARY SEAL) My Commission Expires: .' NOTARY POOLlC STATE rf FlCRIUA MY CCX1t1ISSION EXP.OEC.19,1992 DONOED mqu G~NER.'L INS. UNO. . 4626y/2 -2- ./ 1 I , " " / I' 110791 4626y/5 I EXHIBIT "A" Legal Description All that part of the Southeast one-quarter (SE 1/4) of Section 33, Township 45 South, Range 43 East, in Palm Beach County, Florida, more particularly described as follows: Beginning at a concrete monument in the West line of the right of way of U.S. Highway No.1, which is 385.56 feet South of the North line of the Southeast one-quarter (SE 1/4) of said Section 33 and running thence South along the West line of the right of way of said U.S. Highway No. 1 a distance of 800 feet' to a point that is the Southeast corner of land conveyed to Raymond L. Brandewie and wife, said point being the point of beginning of this description; thence continue South along the West line of the right of way of U.S. Highway No.1, a distance of 200 feet; thence West on a line parallel with the North line of said Southeast one-quarter (SE 1/4) of said Section 33 a distance of 300 feet; thence North on a line parallel with the West line of U.S. Highway No. 1 to a point which is the Southwest co~ner of the land, conveyed to Raymond L. Brandewie and wife; thence East along the South line of said property conveyed to Raymond L. Brandewie and wife, to the point of beginning; excepting therefrom the Easterly 17 feet which was conveyed to the State of Florida for road right of way by Deed dated January 22, 1958, recorded in Official Records Book 149, Page 564, of the Public Records of Palm Beach County, Florida. . A TTACllfv1EIrf "B" LBGAL DESCRJ:PTIOH THE ATRIUM All that part of the Southeast Quarter of Section 33, Township 45 South, Range 43 East, in Palm Beach County, Florida, more particularly described as tollows: Beginning at a concrete monument in the West line of the right-of-way of U.S. Highway No. 1, which is 385.56 feet South of the North line of the Southeast Quarter of said Section 3 and running thence South along the West line of the right-of-way of said U.S. Highway No.1 a distance of 800 feet to a point that is the Southeast corner of land conveyed to Raymond L. Brandewie and wife said point being the point of this description; thence continue South along the West line of the right-ot-way of U.S. Highway No.1 a distance of 200 feet; thence West on a line parallel with the North Line of said southeast Quarter of said Section 33, a distance of 300 feet thence North on a line parallel with the West line of U.S. Highway No. 1 to a point which is the Southwest corner of the land conveyed to Raymond L. Brandewie and wife; thence East along ,the South line of said property conveyed to Raymond L. Brandewie and wife to the point of beginning excepting therefrom the Easterly 17 feet which was conveyed to the State of Florida for road right-of-way by deed recorded in Official Record Book 149, Page 564, public records of Palm Beach County, Florida.