REVIEW COMMENTS
STAFF REPORT
BOARD OF ADJUSTMENT
November 16, 1992
Case #172
Location:
201 S.E. 10th Avenue
Owners: Michael Brinkman
Request:
A variance is requested to reduce the required number of parking
spaces for the subj ect property. The request is to allow the
subject property to be occupied by permitted use(s) that require by
the Code of Ordinances no more than ten (10) parking spaces. The
subject property has a total of eight (8) existing parking spaces.
Analysis:
The applicant is requesting the above referenced variance to allow
the subject property to be totally occupied by permitted uses that
require no more than ten (10) parking spaces as determined by
Section 11 H of the City Code of Ordinances. The .28 acre property
contains a single-story five thousand (5,000) square foot building,
associated landscaping and a parking lot with a total of eight (8)
parking spaces. The building was constructed in 1979 as a
warehouse building. The present number of parking spaces required
for the property based on the building being totally occupied with
uses classified as warehouse is seven (7) spaces. The uses that
presently occupy 85 percent of the total area of the building are
classified as manufacturing. A tenant wishes to expand his
existing manufacturing business into an abutting vacant space. The
area of the vacant space represents the remaining 15 percent of the
total area of the building.
The total number of parking spaces required for the property when
the building is totally occupied with uses classified as
manufacturing is ten (10) spaces. Therefore, the applicant is
requesting that the subject property with eight (8) existing
parking spaces equal the parking spaces for uses that are required
to provide a total of ten (10) spaces.
MH/cmc
XC: Board of Adjustment Members
City Manager
City Attorney
City Clerk
Planning and Zoning Director
Zoning and Site Administrator
Applicants
Files
C:STAFFREP
TO:
FROM:
DATE:
SUBJECT:
PLANNING AND ZONING DEPT. MEMO NO. 92-213
Don Jaeger, Director, Building Official
Building Department
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Christopher cutro, Director
Planning and Zoning Department
November 3, 1992
Board of Adjustment Case No. 172
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Find attached a copy of the application for the above referenced
Board of Adjustment case. The case will be presented to the Board
by the applicant at the regular meeting of November 16, 1992.
Please review the application and forward your written concerns to
my office no later than 5:00 p.m., November
6, 1992.
If you have any questions, please do not hesitate in contacting me.
cc/cmc
cc: project file
Att.
. .
IV-' .. ,-" - .
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CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: Five (5) weeks before meeting date
Please print ~r type
Submi ttal date: (~t:.c.t;.frt:.D loln../&;')...
. r
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):
Property involved is described as follows: Lot(s) Lf-, It Y\d 5'"
u .
Block '2 '-I- , Subdivision BoweRS ( A- R K ,
Plat Book ~;.page ~7 or otherwise described as follows:
, ~
Property Address ZD I S. tZ. I D 4ve
.
~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 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. 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 str49tures =.. _
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 justi,fying
the requested exception or variance. Respond, to the six (6)
questions below (A-F) on ~ separate sheet JPlease print or typet:
A. That special conditions and circumstances exist which are
peculiar to the land, structure or building involved and'which
are not applicable to other land~, structures or buildings in
the same zoning district;
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BvARD:OF 1~JUSTMENT APPLICATION
P'lge Z
6.
B. That the special conditions and circumstanc~s do not result
from the actions of the applicant;
C. That granting the variance requested will not confer 'an 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.
Application fee in the amount of $275, payable to
BOYnton Beach, must accompany this petition.
the Ci ty of
qs 7 'Isl'eKf:,o.cI
I3'd yJ,.;/a" is'd. fZ..$ J fJ-r
8.
Name. and address of owner: (Y\ I G~a.e.J is R J ,J(MdJ
~atMe.
Applicant's address: D f\v'\\ e...
Applicant's phone I: "1:0,....,. '73 ft. 3CfCf't Ho~e..
Lf 0"7 7 s to. '3 s C/: Cf w (/1.,(<-
Date: J 0 '1',1 L Signature of Applicant: c{rtf./< ~
Name of applicant:
7.
--------------------~-------------~------------------------------------
To be completed by the Building Official or Representative
1. Property is presently zoned: ~,I Formerl~ zoned:' ~
2. Property Control Number: ~3-q5- 28- I~- l))...tj- OD'IO
3. Denial was made upon existing -zoning or sign requirements (list
sections [s] of Code 'ftbm which""relief is required):
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/JPPG:N(JI'/. 4 - ZiJN/N(.. ;;'~"'no,y /1 H 8 ~/VD Ie; r (I)
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4. Nature of exception or variance required: 1o,4Ll.Dlorq~euJ(_l)Jl\lb{p.;lm::.D {fr
S(/lU"~~, "l1II~~~ bt:(I' IJ./tfr - c.JJRtJ- PIJRl(/IIIb ('" ~6.s
'CD..",.4Jteo AT ()AJE:(J) ~~/N6 Jl'At6- is ~tWtJ}R.i.c];/<: cll'N "fit III1NlJAfilj(fi~$.JA~f.. CMM IJP
G ~4SS y~~ 4R.i:4 .
Date: /tJ -110 -'I'd. Permit denied: ~ .
Buil ing Department
S. Case Number: AI. 1'12.. Meeting Date: 1I!lh/rp..
. .
.
---------------~-------------------------------------------------------
To be filled out by Board.
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
. Nay
Stipulations:
Signed:
Cha3.;rman
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5. statement of special conditions, hardships or reasons justi-
fying the requested exception or variance. Respond to the six (6)
questions below (A-F).
A. That special conditions and circumstances exist which are pecu-
liar to the land, structure or building involved and which are
not applicable to other lands, structures or buildings in the
same zoning district;
ANSWER: The size of the lot, the building is on does not permit
me to add any additional parking. Adjacent lots are also "built
ou t II .
B. That the special conditions and circumstances do not result from
t~e actions of the applicant;
ANSWER: The conditions evidently existed when I bought the building
in 1980, but never came to light until 9/92. See attached.
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 distric
ANSWER:Granting the variance will allow me the same privileges other
neighboring property owners enjoy. Without the variance, I will
have to remove a tenant from the building to meet the parking
requirements.
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;
ANSWER: Without the variance, I would not be able to use the property
to its fullest and best use in this ,zoning.
,E. That the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure;
ANSWER: I have 8 parking spaces, 10 are required.
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 detri-
mental to the public welfare;
ANSWER: Most of the buildings in this area are of the warehouse/bus-
iness type as permitted in this zoning.
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Boardmembers;
I purchased this building from the builder in 1980 and have
been successful in keeping it rented to businesses. The current
tenant mix has been clean and good for the community.
Bay #1, Solar Guard, provides window tinting for cars, homes,
and commercial buildings.
Bays #2,3,&4, Wooden Wonders, custom builds cabinets and delivers
to customers when finished.
The remainder of the building is occupied by Colonial Glass and
Mirror, which installs windows and mirrors.
All of the businesses currently have city occupational licenses
with the exception of Wooden Wonders (cabinet maker) who has a
license for bays 3 & 4, which he has occupied for a number of years.
Approximately 18 months ago he needed additional space and he
began occupying bay #2 in addition to bays 3 & 4.
During a routine (9/92) city inspection, it was discovered that
,he was occupying bay #2 without a license. He then applied for
an occupational licenses but the application was denied due to
lack of parking. Evidently, when the original developer built
this building, he used the parking formula for warehouse storage,
which required 8 parking spaces. To rent as Industrial, business,
I need 10 spaces. Since I have no additional land to provide these
spaces nor is any adjacent land available, I am requesting relief
from the required 10 spaces and to be allowed to continue to rent
the building to businesses with the 8 spaces provided.
Michael Brinkman
t,
October 8, 1992
Having been a tenant at 201 S.E. 10th Ave. since 1980, I would have
to say the parking has been adequate for us and our customers.
Solar Guard
201 S.E. 10th Ave., #1
Boynton Beach, FL 33426
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Signature'
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Octob~r 8; 1992
Colonial Glass & Mirror
210 S.E. 10th Avenue
Boynton Beach, FL 33426
~s a tenant in the building I would say the parking has been adequate.
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Oc..;ober 8, 1992
Wooden \'londers
Since I have been in the bUilding I have had virtually no problems
with parking with the exception to the occasional delivery trucks
blocking the driveway.
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