APPLICATION
/
CITY OF BOYNTON BEACH
BOARD OF ADJUSTMENT APPLICATION
C.48~.,I ItJo
Submittal Deadline: See scehdule of dates for Board meetings and submittal
dates
Please print (in ink) or type
Submittal date: December 15. 1993
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 perta_ning to the property
hereinafter described and in support thereof state(s):
Property involved is described as follows:
Lot ( s) See attached legal ,
description, Exhibit "A"
Block N/A
Plat Book N/A
, Subdivision
N/A
, Page N/A
or otherwise ~escribed as follows:
Property Address
4740 North Congress Avenue
The following documents are required to be submitted with this application to
form a single package. Incomplete package will not be accepted:
1. Two sealed surveys 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 (1/100) of an acre
J. Location sketch of property
K. Surveyorls Certificate
2. Two site plans properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that are to remain nn 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 recorded in the County Courthouse. such list shall be
accompanied by an Affidavit (see attached) stating that to the best of
the applicantls knowledge, said list is complete and accurate.
4. Proof of ownership of property by peti tioner ~ s), such as deed or
purchase contract agreement. If an aqent is submittinq the petition. a
notarized COpy of a letter desiqnatina him as such must 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 tvpel:
A. That special conditions and circumstances ex~st 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;
Page 1 of 3
H. ~hat the special conditions and circumstances do not result from
the actions of the applicant;
C. 'l'hat 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;
U. ~hat 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 01 otherwise detrimental
to the public welfare.
6. Application fee in the amount of $400.00, payable to the city of Boynton
Beach, must accompany this petition. .
Boynton Lakes Plaza, PartnershJ.p
7. Name and address of owner: P.O. Box 100, Ballwin, MO 63022-0100
8,
Name of applicant:
Rocky Goins, V.P.; A.G. Development Group, Inc.
Applicant1s address:
Applicant1s phone #:
4014 Gunn Hwy., Suite 260, Tampa, FL 33624
813/968 6999
Uate: December 14, 1995ignature of Applicant:
~,._---------------------------------------------------------------------
'ro be completed bv the Buildinq Official or Representative
1.
Property is presently zoned:
C.-3
2 .
Property Control Number:
Formerly zoned: A~A
06 - 43 - '15 -08- 00 .- 000 - SOlD
3.
Uenial was made upon existing zoning
sections(s] of Code from which relief is
(list
4.
5 .
Case Number:
/10
Meeting Date:
SA"'. Jl1 /q9 '-/
J
~Ac,o& Ol of5
~ E R T 1 F I CAT ION
TO THE bE~T OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY
HUNDRED (400) FEET OF THE
APPLICANT'S PRUPERTY.
p
ul
(;~
~ ,~~\j
I J 0
J
APPLICA'l'. WP5
Page 3 of 3
ENCLOSURE (I)
"SURVEYS"
NOTE: Since construction is still ongoing, it is impossible for a
developer to provide a detailed survey with the application.
Enclosed, therefore, are two sets of dimensioned, sealed compliance
drawings which developer is required to abide by. These drawing
were an acceptable substitute for this application by the Planning
& Zoning Department of Boynton Beach.
VJ<.2- (f;.d;
K\J\~
,
,
~i
~
.'1
LEGAL DESCRIPTION:
A parcel of lond lying In SectIon 8. TownshIp 45 South. Ronge 43
East, Polm Beach County, FlorIda. sold land being more
portlcularly described os follows:
Commencln~ ot the Northwest corner of sold Section 8: thence
North 85"1024- East, along the North line of sold Section 8, a
distance of 60.01 feet: thence South 03'40'59- East, a dIstance
of 28.01 feet: thence North 85"10'24- East, 0 dIstance of 190.00
feet for 0 PoInt of BeginnIng (P.O.B.): thence continue North
85"10'24- East. along the South Rlght-of-Woy line of H}1)oluxo
Road, 0 distance of 644.15 feet: thence South 49'49'36" East,
along the West Rlght-of-Woy line of BO]11ton Lakes Boulevard, a
distance of 35.36 feet: thence South 04'49'36" East, contInuing
along sold West Right-of-Way line. a dIstance of 612.00 feet to
the Northeast corner of BOYNTON LAKES PLAT NO.5, P.U.D., .
according to the plot thereof, os recorded In Plot Book 52,
Pages 105 through 108. Inclusive, Public Records, Palm Beach
County, Florida: thence South 85"10'24" West. along the Northerly
boundary of sold 80)'11ton lakes Plot No.5. 0 dIstance of 861.57
feet to the Intersectron thereof with the East Right-of-Way line
for Congress Avenue. sold East RIght-of-Way line being 0 curve,
concave Westerly. havIng 0 radius of 5789.58 feet and 0 radIal
lIne passing through this poInt bears South 85'39'02" West:
thence Northerly. olon~ sold East RIght-of-Way line, through a
central angle of 00'5037". 0 distance of 85.25 feet to 0 Point
of Tangency. thence North 05"11'35- West. continuing along sold
East Right-of-Way. 0 d.Jstance of 178,82 feet to the Point of
Curvature of 0 curve to the right. and havfng 0 radIus of ,
11399.16 feet: thence Northerly. along said curve and said East
RIght-of-Way. through 0 central angle of 00'46'08~. 0 dIstance of
152.97 feet to the end of sold curve; thence North 8510'24"
East. 0 distance of 193.43 feet: thence North 04'49'36" West, 0
dIstance of 219.96 feet to the PoInt of BeginnIng (P~O.B.).
Containing 11.63 acres, more or less.
Sold lands situate. lying and beIng In Palm Beach County,
Florfda.
~ROM QG.DEUELDPMENT
12.27.1993 lSH'l3
P. 1
. \~, "; ~ ~ tti\fr~
t- J Q.. f>P
1.,t::6AL iJl.:)(f'I,-r,&1'
lJ I,
blJ/B'f A,
0<< ) G-lj\ f
LEGAL DESCRIPTION:
A porcel of l.orad l)lfn<jl It'l Section 8, Towrl."lp 45 South, Ronge 43
Ea,t, Palm Beach County, Florldo. :Jotd h;",d beli"\9 more
partlculorly dC5c:r1bcd 0::1 fcllow::I;
Comrnencln~ at the Northwe$t corner of 9Qld Section 8; thence
North 65102-4,. East. olon9 the North line of sold SecHof"l a. Q
dIstance of 60.01 feet; thence SQuth 03'40159- East. 0 dh..tonce
01 28.01 feet: thence North 65"10'2411 East.} 0 dIstance of 190.00
feet for 0 Polt'lt 0' a.91rll'lJrh;>> (P.o.e,): tt'lII~nca eonUflu8 North
85"10124" Eost. r 010"9 the South R!9ht-of-Woy line of Ht'Po1u;<o
Rood. 0 (H~tonC(l o( 044.15 fe~t; thence Soutt'! 49.49'36 ~o.t,
Qlong the We~t Rl,.,ht-Qf-Woy line of Boynton Lake;, Boulc'V"ord. 0
distance of J~.JO feet; thence South 04.49'30" (09\. cQntlnuln~
';:!!or~ 90ld West Right-of-Way line, (J dIstance of 6' 2.00 feet to
the Northeost corner of BOYNTON LAKES PLAT NO.5. P.U.O.. .
QCCOrdl"8 to the plot thereof, os recorded 10 Plat Book 52.
Poges 1 5 through 108. Inclusive. Public Records, Palm Beach
County. Florldo~ tn.nee South 85..,Of2.." West, ol0fl9 the Norther:y
boundary of sold BO)f'lton I.oke~ Plot No, S. Q dl.tonce of 881.51
feet to the lrllerae<;Uo(l thoreof with the Eo:sl Rlght-of- Woy IIn'.
for congress Avenuo. aoid Eost Algnt-of-Woy line Delng 0 curve,
concave Westerly, hO'vlng 0 radlulI of 5769.58 f8ttt cnd Q radlol
line passing throlJgh thIs poInt b~Qrs South 85039'02- West;
thence Northeriy. 01009 sold East Rh;;ht-of-Woy line. throuQh 0
(;Clntrol an9le of 00.5037", 0 dlstonce of 85.25 feet to d Point
of TClngency. thence Nod" 05"11'35" Weat, contfnulng ol~9 sold
L:o,t ~19ht-o'-WdY. d ctlsionee of 118.82 fe~t to tho F'lol.,t of
C\,.!rvoture of 0 curve to the rl'31ht. and hovfn9 a radIus of
11399.16 feet; thence NQrtherly, 0101"1'1 sold ourve and 'aId East
Rlgl'it-of- Way, through a central angle of 00.46'08''', 0 dIstance of
~:52.97 feet to the end of sold curve; thence North 85iO'24"
East. a dIstance of 193.43 feet: thence North 04049136" West. 0
dlglor1ce of 219.96 f<'3o!t to th4! PoInt o( Beglnntng (P.O.B.).
ContainIng 11.6.3 ocro:'J, mor~ Qr '.0$.
Sold lands sltuotel 1}-1ng end btllng In Palm Beach Count)',
FIOrIOQ.
~m~
..~
..~ I
n-l
~m I
-:"0 I
.r.
~> i
r~~~
lml
~
~
;
. m
Jt
v~
d~
~ ~ j
; .
::;:: ~
t ~ ~_
. ,
. l:;l~:,~- _:'.:":~
. - _. ~;':'~rr;:~~T"
o~
CONGRESS A VENUE
'" L........e. -o......,de Co
t_
~t~
.~~
1Il~~
~-'
~~~
~~~
~~
~~
~~
~~
~
~"ll~
H~d~~~~
~h~~i:f~
~~~~.~>~~
~~~~~,~~~
a ~~ ~ ~ ~~ ~,
~ '~h~
~ ~!..
\
~
..
lit
i
%
o
Z
lit
..
:E
%
::j
m
;;
H~
~Iti~
~:'b~
~~~
~~~
~~
!)~
~
~
~
lS~
I~ ~~
~""
C~"
C~
(\~
"'C>
~
..
,"
~
~
,
2. t.....o.Ie- .v.a.....y
~
. "
~.. a~
~~ ~a~
~~ ~,~
~~ ~~~
~~ m
~~ ~~$
., I:)a,; ""....
1 t ~ ~~
~t) ~iJt
~ ~ ~~ ::
~ ~,-t
~ ~~~ n
~ ~~t E E
, ~t~
1.\ ....~" PI!:">
t ~ ~e : ~
'.~! O~
~ ,~~
.~
"
m
~t~
.., ~
~~~
q-
~~~
t~~
&t~
, .,
~~
~,
, .~
~.
,~
'<
00
~.
~~
~i
~
H~
.~~
~:~
~q
~~1I6
~H
g~:
i~ ·
~~~
~lO\l
~~~
.~
~&~
~~~
~,,~
~~
--~----- --- ....- ""'---
~ ~'i"\>~~\
Bi~ ~ lj ,
~ '~&UI ~
f\ ~~ & tr.
: 'I; ~ tl ')
~~.III .., ,
.~~ .I.~ \1'>>
~r~'" (
~ !
"""0":
li: ii :: ! . : :,
.
~m,. "
.....0"'- :::;
>>00
:n",-:::>
.~~
o~o
>>-~
~o>>
m~o
o~m
~
o~
C~
0>>0
~~~
~o
CM~
~om
..-~
oo~
~. .
o >>
.~~
""r-...
.~m
>>_0
n 0
. 00
~~~
J
f ~ ~ ~a tl ~
~ ~.,~ ~ ~
>( :>.. ~ {\ '" " ~
.~.t ~~ ~
\ L; .. ~ ~ ~ ~ ..
l ~ ~ :~
~~\ e>~ n
~t
t~
it ~ ~ \> '"
~ ~ t 'i: ~ ~~ ~ i .
~ it ~ 10. ~~ ~,~-'"
~~~.'."" '''~
~~~~ ~~ ~~., ~
~ G, ~ to: 11 ~
~ ~I~
~ ~ ~
~ ~
~ ~
~ ~~ ~
~~~~
~~~~
~~~
h~~
~~~~
~ '~~
~ ~
~
~
..
o
=0
CO~
-~~
oO~
,.,zo
~.~
;",.,
=:::::>::O!:
""=0
~.. ~~~
. ~
<"1"110
"-:::1 to:
<0 m
I
~
I
~
<
I
~
~o
%.
;
o~
~ ~n
>>~
~.
:;:
~
o
~
Z
r'
~
~
~
"
c:
(l
"
OJ
c:
"
"
'"
"
I ~~\C;
<f> j i l~; i;
~ I I ," I;
i~i ~~
i; Ii
OJ
,.
<f> I~
(l ~
~ ;; ~"'.....
" ~;. II .'.... .
~ 8 i~~: ~.~.~~..~
F~' i" ~ ~.o...,
, ~~'::::-'l :il
I'll! 1!111'7'-. .~ .1;/
!i:i!pi~;~ ......~
I:~ 11111i~
jl;!d.!!
. J~ 'Ill
~
"
~ r,~'.{;
~ if I~:!
~ I:.",:: ..i
lj~
-e
6
I .'
""~
'--~'~'
." ~ I~
, ff~
!ml
~~~~~:~~~ l~
~~E;~~a~~
1'\ >-1.... .:!t:;l
"l~!i!~~!
:;ll:.... ....... z
~~~5_~:;;
~~~g~~~~
!~~:~a~;
rt.......:o: "'..,.
~~~~~~~~
~~~~~:;::
~~~ci ='~:t>
(Recording Date)
Prepared by and Return to:
Rickey L Farrell
Attorney at Law, P.A.
1595 SE Port SI. Lucie Blvd.
Port St. Lucie, FL 34952
SPECIAL WARRANTY DEED
.;JJ
This indenture, made this.:t' day of February, 1993, between BOYNTON l.AKBS PLAZA PAIONERSHIP, a Florida general partnership,
having its principal place of business c/o Fru.COn Development of Florida, Inc., 15933 Oayton Road, Ballwin, Missouri 63022-0100, party
of the first part, and PALM BEAC! COUNlY, a political subdivision of the State of Florida, with its permanent post office address at
300 North Dixie Highway, West Palm Beach, Florida 33401, party of the second part,
wnNESSEIlJ: That the said party of the first part, far and in consideration of the sum of $10.00, to him in hand paid by
the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said party of the
second part, his heirs and assigns forever, the fallowing described land, to wit:
see Exhibit "A" attached hereto and made a part hereof. Property is vacant, unimproved landi Property Control No.
08-43-45..()8..OO.()()(3010.
TO HA VB AND TO HOlD, the same unto the said party of the second part in fee simple.
AND the said party of the first part does hereby covenant with the said party of the second part that, except as above noted,
at the time of the delivery of this deed the premises were free from all encumbrances made by him, and that he will warranty and defend
the same against the unlawful claims and demands of all persons claiming by: through or under him, but against none other.
SIGNEVN:tJ~~ce of
AITEST: 7i::!i!& .
Leonard R. Ruzicka, Jr., Secretary
Signed, sealed and delivered in our presence:
by:
STATE OF ~ )
COUNTY OF .ht-.~ )
The foregoing instrument was acknowledged before me this;;2I.P day of February, 1993, by Richard
Maloof and Leonard R. Ruzicka, Jr., who are Vice President and Secretary respectively, of the corporation
named as granter in the foregoing deed, personally known to me or who have produced appearance as
identification and who did (did not) take an oath. They have acknowledged to and before me that they executed
this instrument for the purposes herein expressed.
Printed Notary Name: l,)1<1t::.-
Notary Public, State of Missouri
Commission No.
Commission expires 9 -~\ . '1'"3
LAUf(lE SUTHU,L/I.ND
NOTAllY PUUIC - SI.'ti;. OF ~.'il:.:~;OURI
ST. LOl;L" (;.)Ui'~ l-Y
!;:y CorliMiS~IOil L:I':.,:c,: :';,:,1. ::1. l~;JJ
F::
FRU-[DN
15933 Clayton Road
P. Q, Box 100
Ballwin, Missouri 63022,0100
314/391-6700
FAX: 314/391-4513
December 03, 1993
City of Boynton Beach
BOARD OF ADJUSTMENT
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
RE: LETTER OF DESIGNATION
PARKING VARIANCE
BOYNTON LAKES PLAZA
To Whom it May Concern:
This letter is being provided on behalf of Boynton Lakes Plaza
Partnership (owner), in reference to pending action request for
Boynton Lakes Plaza, The owner hereby authorizes Mr. Rocky Goins,
as agent for the Partnership, to represent it in the pending
request for a parking variance.
Sincerely,
FRU-CON DEV.~PMENT COR~ORATION
/./ //
/~/--;:;: ?~
~.~"/0~
Richard G. Maloof - ce President
for Fru-Con Develo mymt of FL., Inc.
as general partner 0 Boynton Lakes Plaza
Partnership
RGM/lak
FRU-CON DEVELOPMENT CORPORATION
@
STATE OF ~
COUNTY OF M ~ ~
and
PERSONALLY APPEARED before me, the undersigned ~tqori~y in
r the jurisdiction aforesaid, the within named ~d
who acknowledged that _~o
an delivered the f egoing instrument on the day and year
mentioned, s of and on behalf of
.
GIv.E~.under my hand and official seal, this the
JJorD~~ , 1993,
3pd
day of
of:ul~~, ~J
NOTARY PUBLIC
i: '
[<L ~;U ;, .L:~;-- ,;,' I
"
ST. LUI.~::~ ..,,,-':v' !'
In'' coryL...HS:~;u;-j ~},,:-! ..'-..' >.,b T. ~ i r : ,'(;
A. Landowner, A.G. Development Group, Inc., a partner of Boynton
Lakes Plaza, respectfully requests consideration and approval of a
parking variance for (27) twenty seven spaces which is 4% of the
total parking count. The ci ty ordinance requires five parking
spaces per 1000 s.f. of retail space. Currently the site plan shows
the shopping center that meets the city requirements. For two years
landowner has tried marketing Outparcels "A" and "B" and has been
unsuccessful in closing a contract or lease. One of the primary
reasons for this, is that when we insert the footprint of the
prospective tenant on the outparcel, the stores footprint
eliminates parking spaces by its configuration or loading area. The
entire development with outparcels was reviewed collectively when
the city calculated the parking space requirements. As such, the
outparcels, though limited in property size, enjoy a cross-access
and cross-parking agreement with the entire development.
B. This hardship was not intentional 1 y induced by any special
circumstances of the developer, but as a resul t of the ci ty' s
interpretation of "retail area".
C. By approving this variance, no special pri vi I eges wi 11 be
granted to landowner, as we will be meeting the codes intent.
D. The literal interpretation of this code would prohibi t the
landowner from building the square footage allowed per concurrency
as approved by the Board of Commissioners. There are other centers
within similar zoning districts that enjoy a less strict parking
ratio that we are requesting.
E. The granting of this variance is the minimum which will make it
possible to develop our approved site plan.
F. The granting of this variance wi 11 be in harmony wi th the
general intent and purpose of the codes, and will not be injurious
to the area involved or otherwise determine the public welfare.
After the site plan was approved, and the architect began
developing building plans, code dictated that two fire corridors
need to be install ed wi thin the center. Addi tionall y, the city
required individual mechanical/electrical rooms to serve the spaces
that are not typical in shopping center design totalling 780 s.f.
Likewise, Winn Dixie remodeled their store increasing their storage
and loading area.
All of the above spaces are unmanned areas and are, therefore, non-
traffic generating. To provide a literal interpretation will
needlessly restrict the potential use of the parking lot. This
approval will not be detrimental to the public welfare, in fact, it
would be comparable to the parking ratios of competitive shopping
centers that have previously been granted similar variances, while
keeping the intent of this ordinance provision.
Below is a summary of non-traffic generating space.
Tenant "A" Fire Corridor
Tenant "B" Fire Corridor
Tenant "A" Fire Riser "A" nitch
Tenant "A" Electric Room
Tenant "D" Electric Room
Walgreen's Exterior Foyer
Winn Dixie Switchingear Room
Winn Dixie Fire Corridor
Winn Dixie Loading Dock
Winn Dixie Cooling storage Areas
979 s. f.
234 s.f.
35 s.f.
97 s. f .
113 s.f.
88 s.f.
578 s.f.
232 s.f.
1,353
2,811
6,521 s.f. or 33 parking
spaces
NOTE: The areas above resemble only a fraction of storage space
isolated in Winn Dixie.