AGENDA DOCUMENTS
AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING
DATE:
TIME:
PLACE:
Monday, May 17, 1993
7:00 P.M.
City Commission Chambers
100 East Boynton Beach Blvd.
A. Acknowledgement of Members and Visitors
B. Approval of Minutes
C. Election of Officers
D. continued Petitions - none
E. New Petitions:
Case #179
OWner/
Agent:
Lettie and Thomas Tallent
Requested
Variance:
The subject property is located on the southeast
corner of North Road and Northeast Drive. The
applicant is requesting approval to construct a pool
to within six point seven (6.7) feet of the property
line along Northeast Drive. The code specifies that
"on corner lots, property bordering both streets
shall be considered as front yard". The code also
specifies that no pool and/or screen enclosure shall
be built in front of the front building line.
Location: 802 North Road
Case #180
OWner/
Agent:
w. E. PuIs
Requested
Variance: The applicant is requesting approval to reduce the
required north side setback from 30' 0" to 7' 6", and
reduce the south side setback from 10' 0" to 7' 6".
Location: 2351 South Seacrest Boulevard
F. Other Business
G. 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 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.
.'
XC: Honorable Mayor and Commissioners
Building Officials
(10)
MH/cmc
A:BDADJ430
STAFF REPORT
BOARD OF ADJUSTMENT
May 10, 1993
Case #180
Location: 2351 South Seacrest Blvd.
Owners: Tralis, Inc.
Request:
The applicant is requesting approval to reduce the required north
side setback from 30' 0" to 7' 6", and reduce the south side
setback from 10' 0" to 7' 6".
Analysis:
Wayne E. PuIs, agent for Tralis, Inc. is requesting the Board
consider reducing the side setback for the subject property that is
located at 2351 South Seacrest Boulevard. Section 6 .A. 3. of
Appendix-A Zoning specifies that the side setback for the property
shall be 10 feet and that where the property abuts a residential
district the side setback shall be 30 feet. A 4,670 square foot
one-story medical office building is proposed for the site. The
north and south sides of the site are considered the side. A
multi-family - Planned Unit Development is located directly north
of the subject property thus requiring a 30 foot side setback. The
south property line abuts S.W. 23rd Avenue and a 10 foot side
setback is required. Find attached Exhibit "A", a document
prepared by the applicant which represents the statement of
conditions for the request. The following list is provided to
assist you in making your evaluation:
1. The 4,670 square foot one-story medical office building is
presently being processed through the site plan review system
as a new site plan.
2. The subject property is a corner lot that borders on the
northwest corner of South Seacrest Boulevard and S.W. 23rd
Avenue.
3. The frontage on Seacrest Boulevard is the front of the lot.
4. A setback is measured perpendicular from the property line to
the leading edge of the building (including overhang and
covered canopies).
5. The requested north side setback is 7.5 feet which is 22.5 feet
less than the 30 feet required by the code.
6. The requested south side setback is 7.5 feet which is 2.5 feet
less than the 10 feet required by the code.
MH/cmc
XC: City Manager
City Attorney
City Clerk
Planning and Zoning Director
City Attorney
Members - Board of Adjustment
A:STAFFI80
-12-
-#.5
EXHIBIT "A"
STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS OR REASONS Fon. R~UEST:
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 distr ct;
This specific property has an irregular configuration, a dedicated
county right of way line in addition to the required )0'-0" side
setback would make this property unfeasable to develop.
B. That the special conditions and circumstances do not result from the
actions of the applicant;
We are not aware of any property with this type of conditions imposed
on them due to actions taken by engineering division due to the right
of way.
c. That grantingthe 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 applicant is not obtaining any undue advantage over any other
property owners since we will need the variance to develop the facility.
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;
By granting the requested variance the board allows the property owner
to use the land in the same manner as other property owners with the
same zoning.
E. That the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure;
The minimum variance of allowing 10'-0" to the Building(7'-6" to the
overhang), is the minimum to make possible the reasonable use of the land.
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.
This property is zoned C-l and suppose to act as buffer for a transition
of residential and business zoning. The proposed one story building
would be an added attribute to this transition, and i~Oway detrimental to
either the neighborhood nor to the general aesthetic appeal of this area
on the City of Boynton Beach.
-13-
Board of County Commissioners
.
Mary McCarty, Chair
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson
Maude Ford Lee
County Administrator
Robert Weisman
Department of Engineering
and Public Works
April 22, 1993
Chris cutro, City Planner
City of Boynton Beach
100 East Boynton Beach Blvd.
Boynton Beach, FL 33435
SUBJECT: BOYNTON ENDOSCOPY CENTER
DEDICATION
SOUTHWEST 23RD AVENUE
Dear Mr. Cutro:
This office has been requested to review the road dedicatory
requirements for the proposed Boynton Endoscopy Center to be
located at 2351 So. Seacrest Boulevard (northwest corner of SW 23rd
Avenue and Seacrest Boulevard). The Palm Beach County Thoroughfare
Plan reflects an ultimate need for 80 feet of right-of-way for SW
23rd Avenue. However, in conformance with recent court decisions,
the County cannot require the dedication of additional right-of-way
unless there is a sufficient nexus between the project's traffic
and the need for additional right-of-way. In this particular case,
no nexus has been established and as a result, Palm Beach County
will not request the dedication of the additional right-of-way.
yours,
KSR:nm
Copy: Gregory S. Kino, Esq. - Boose, Casey, Ciklin, et al.
Barbara Alterman, Assistant County Attorney
Charlie Walker, Jr., P.E. Director - Traffi~ Division
Ref: endosnm.mis
I~J~(~ErV E L~~
WAV a
"An Equal Opportunity - Affirmative Action Employer"
Pt.J\NN1HG I.;
,
@ printed on recycled paper
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
~"""""""". .~------_._.
-14-
May 5, 1993
BUILDING DEPARMENT
MEMORANDUM NO. 93-104
To:
Chris Cutro
Planning Director
Don JaegerNL
Building otficial
Al Newbold
Deputy Building Official
Thru:
From:
SUBJECT:
BOARD OF ADJUSTMENT
CASE *180
We have no objections to the above mentioned case, therefore
no comments.
~
. . ... ,..
Al New .-
fs
brd. of ad
~r~s~\~~1)
~ \)
.t\ \)~?"t.
",,~\~G
.?V\\ "
-15-
/(
~,
~ 7~ .-<,,7.9 -:r 9.Y/J';> '_",.y~ ,,2
\ ,-,
, )
\. ~\-
",
" ,
"
: ~ 1\)
e\
" "
'~~ 0~
I "
.... \ ...'\.
'-l \
~'\
~, '.}
,'J ..~
,
,,~
<" ~
\',
"
',' I ...
I, ....... l,~
'"
',- ~,
"<C -- \t:
.)..:
,
,'-
,
,
, '
_ ,,'
'\
I "
" I
'.j
\.\
I:" \
'.j
- .....
1\..._
'J.
~~
~~~
I~h
" .
".-'~7.:" I ~ ~ ~
~ :;'~'.~ I)
. . Y~" r
o 2//T/!.77/7CJE7 -LSgiJ';?;JJS
.,--: ,,~, ~mA;-.::.t2,?~1'1 ~~ . ,
,:~..;;:.~~ 'I l.,;" ,
...,3,.,.. . . '-.:.:' ~~'J "_
'*~/"""'-;.:'::':'2}::;~?';S';;jj='-;t;;.::'i .~~~ \, .
'. . .. . '\
I
I
. I
-.J"
- ,
.~
~
"
I
'''-j
...
'~I....
!
I
~j
I';:J
\
~
~
~
I
~,-
~~ ,,'
~ ~ \ '-~
"' ,
~ t\ "J
... ~~
~ N \J\
1"-. ~ I\i "\i Il
~ '" ~
~ ~ ~
21..... .h"jA'..TS~7 "'~7/-;;;;;;
~
':--l
'I
'I-'l.
\J
~'-
r---..
\ \
" I
'-.J
,..,
'"
~
~
nC~ '!/6
-16-
~
H
Ii:
H
p::
U
tI)
W
A
r<
~~ iO
....l .
~~S ~~
O~2:!.it-S
r<!=:~t!~
t:l ::i!~:z:
~~ r< U;
A tl)l&,!3
1>:0 !3 Ot:l
8N....lt:i~::t:
~W ~~ .;1
i~~~~~
m~.~~~~
t:iS~13~l:!
tiir<j;lGJ8o
~;jtlA~H
tii2:~8~~
~~~~~~
""'Iihi!~~l>.
::t8l1.!=: 0
~~~t:l~ .
"'l>.SQi!!itl~t
::tOii!EHiHg~
tI)~8d8d~
~~~~~~f;:
\.,
('
'..;
""
,""
~
\J)
~
~
~
~ ~
~
. ,~ ~
~ ~'I:l
.--: 'I:l ~ ~
"~"",,, ~
~, '" '\ ~
'\.....~ .. ~
~~~~ " ~
~ "'., t.. "
~ '-.~..." 'I:l "'
~ ~1<J" "
~ " ...., " ,.... <:l) '" ~
~,,'l:~~" ,,~
I. "';:; ~ ~\., .. '-.
~' ~ '. '" ~ ~ <::, ;;"
~"-"'\;~~~.~
~) ~ '",- ~ ~ \) ""( li:_J
~ ~ ~ ~
.. 'I jl >I 1\ Ii
"-
"l
'Il ~ '<\ ~ .
,,' ~ 'll
. ~~l" " '\: "
" '-J ~.
~\"
SEACREST BOULEVARD
-~
;'
~
~
~
-~~l
,J
- - - - - - - - - -' - - - - - -'-,
I
1!>.'2. 111.'10'
,0
W
::J
Z
W
>
<
(')
C\I
3:
en
~~lNe
c;ro
11Al.!.
f'
~:
. I
~I
~,
!
ONE STORY
MEDICAL CENTER
fill. fL UEV. .n.'1'5.
r------
I
1
I
I
1
I
l'eW~
'I/N.l<.
'1IOML ~
.#(..... tktl.C...'.'....
'I
4J2L4
Ilfo'
@)
TYPICAL HANDICAPPED
PARKING SPACES N. T.S.
Jd I~~- t
--~-
'~
IS"
~-
lr"
'l~o'
OHJ
":JI" 'lJ.o'
I-~
t
I
,~!
,-
r- ~~:~
flA,.q.
'0
...9
"1:P'
~
~. ')0'
""!;e.v!5' .\
C,'lO'l'o7.,,' . --l
- .>~'~-C\\ \
, ,., - /" - .ti'
__. i'1\ . . .--y' t ,./ t..t; ::',.,:"
\. .....,,'~. -.
".." ............ . .. ~~~
VIA\.$ - 1\'Mf'
.,r.
"I:i.i7'
\
''--.,
SW 1 STREET
AREA CALCULATIONS
~
I ~
.\ ,/-
SITE PLAN
1/16. SCALE
51 te Af'ea
BUlldLng Area
Paved Area
Wa) kways
= 22.937 S.F.
= 4,670S.F.
-= ~. ~~~ ~:~:
.527 ... Acr'es
LEGAL DESCRIPTION,
LOT5 44 AND 4!;. WE5TCHE5TER HEIGHT5. ACCORDING TO THE PLAT
THEREOF RECORDED IN PLAT BOOK 24. PAGE 210 OF TI-lE PUBLiC
RECORD5 OF PALM BEACH COUNTY. FLORIDA. LE55 AND NOT
INCLUDINU THAT PARCEL DE5CRIBED IN ORDER OF TAKING
RECORDED IN OFFICIAL RECORD BOOK 2112. PAGE5 1741 TO I,:.),
INCLU5IVE. OF THE PUBLIC RECORD5 OF PALM BEACH COUNTY,
FLORIDA.
Total Impervl0us
Total Pervious
13.75C S.F.
z 9.1B7S.F.
= 60X
= 407..
Park lnq Reoqulred
] Car I 200 S.F. = 4670 - 200 = 24 Cars
iotal Spaces = 24 Cars
-17-
F-'..r~.lnq IndIcated = 24 Spaces
~~ STD. = 9' x 18'
:?HC. =1::.":<18'
1 Ambu J anc.:e Space
-
..~,~"", ~.' ",'" '.,
~'J~:, ,,,'--"
,(,~",.t'"
~'..;.,.... --....---.
....11II
/
I
I
I
,
c 0l:ID0
~'- - '.Jr-
37A _
;1:.'-.-
- ~.- ~
~
-
-
~
~. i
-I ~ .
-.
/
----
-~^~, -' I i !.:I HI- -,-
':"~..:;'I_;~...... _'. ""',.-._
J. ! .,
....1.
Jr 3" 17 .li
S , z,.
...,. ;
-I
In 7'r '"
l ~ 10 2' ... II
.... ~ 20
- - %'
." - J'
~-L-
""4
." 11 11
I Jot ,r J' 17 J.'
-, - -
- ,..
I
.,s . ,~ 'D
~ ~ 4 .::.. :: ~ " ~ +J ~
- ., ~ --....: - ~ '-
f
p ~..
. c
9c>
,
: ....J
~
,."\. .
;r .-
,...:J, ,.l(;
...... -.. '.~... J J
~..:.- ...... '-; ,..1
--+
" , I r-
_ L. _
.'-.
"-"~".'..,- ------- -...... .
-'-"'---..,.-
-18-
BOARD OF ADJUSTMENT
HAND OUT
CASE #180
SUPPLEMENTAL DRAWING
I
"
.'",
",.:.'';
-
~
~ ~ ~ r'Io.
.-~h~ .~ ~ \;\ ~
. ,..,,~:::: i'~ '" . . :to. ~ ~ ~.
,~?~o;~,~~~~~~1 ~~~
, g ~~g ~~ I I ! ~ I ~ ~
.): '" 'l'i 'Ji ~ "" '" '". ~ ~ !)\
C'o ~~~ ~~ ~ ~ )) · ~~ Vi
(::,~~~ ~lJj ~ ~ ~ ~ ~ L;~
~~ ~ ~~ 'i'i'i:xi~~ ~
tI1 ~~~ ~ "i \:) ~ t;) ~ ." ~ ~~
)j (J\" ~ ~ ti ~ "1\ 'Ii "l, ~ b !Ii "Ii;lS
~ ~ ~,~ ~:tl ~ ~ 2 ~ B !:i ~ ~
;n 9i~1ll '<.~ ffi ~ ~ 'i ,lij
1'1 ~ ~.~ ~ >i ~ ~ ~ ~ ~ ~ ~ ~
~. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
~"'...._,..~~. ~ ~ ~ ~ ~ ~~
~ ~ ~. t\. ~
iJ"
"
~'I
.....
REQUEST FOR PUBLISIIING
LEGAL NOTICES AND/OR' LEGAL ADVERTISEMENTS
A. compl~t'!d copy of tlli,; r.,l.1tinq SllP must accompany any r~<1uest:
::0 hav~ a Lo?gal tlc~ico? ')Z. Leaqal Advertisement Published C\nn mllst.
bo? submitted to tho? OfficI? "f th@ Cit'l A.ttorney 8 working day!;
prier to the first publishing date requested below.
ORIGINATING DEPARTMENT: P1anninq and Zoninq Department
PREPARED BY: Michael Haaq
. DATE PREPARED: 4/21/93
BRIEF DESCRIPTION OF NOTICE OR AD:
Board of Adiustment Case #179& 180
SPECIAL INSTRUCTIOtlS AND REQUIREMENTS: (Size of Headline, TYPI?
Size, Section Placement, Black Border, etc.)
Standard Leqal Ad
SEND COPIES OF AD TO:
property owners within 400' radius of subject
proper tv and applicant
NEWSPAPER(S) TO PUBLISH:
BOYNTON BEACH NEWS
DATE(S) TO EE
PUBLISHED:
To be determined by City Clerk
APPROVED BY:
(1) ~~ (y^~
ID~partm~nt Head)
( 2 )
(City Attorney)
(Date)
r 3 )
(Ci t:i Hanage:.-)
(Date)
RE~EIVED BY CITY CLERK:
CCHPLET::O:
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 *180
Owner/Agent:
.Requested
Variance:
W. E. Puls
The applicant is requesting approval to reduce the
required north side setback from 30' 0" to 7' 6",
and reduce the south side setback from IO' 0" to
7' 6"
Proposed Use: Doctor's Office
Location: 2351 South Seacrest Boulevard
Legal
Description: Lots 44 and 45, Westchester Heights, according
to the plat thereof recorded in Plat Book 24, Page
210 of the Public Recor~s of Palm Beach County,
Florida, less and not including that parcel
described in order of taking recorded in official
record book 2772, pages 1247 to 1253, inclusive,
of the Public Records of Palm Beach County,
Florida.
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, May 17, 1993, 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 on 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