APPLICATION
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CITY OF BOYNTON BEACH
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BOARD OF ADJUSTMENT APPLICATION
Submittal Deadline: See scehdule of dates for Board meetings and submittal
dates
Please print (in ink) or type Submittal date:~~d71 I?q~
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) 6' {).;2.., 0
Block , subdivision Se. c:f/6N I ~ 7;)tcJNSft/~P 4 5 f:fJJrq~4/$
Plat Book ...')4 , Page /Q/../9:J. or otherwise ,described as follows:
Property Address J.3o<i "'0 RTH C~N6Rcs.s.4 v't:'. 'Be VN liJJJ flcA<.!.H 3~43tb .
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. surveyor's Certif1cate
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 applicant's knowledge, said list is complete and accurate.
4. proof of ownership of property by petitioner (s), such as deed or
purchase contract agreement. If an aoent is submittina the petition. a
notarized COpy of a letter desianatina him as such must accompany the
petition.
5. statement of special conditions, hardships or ~easons justifying the
requested exception or variance. Respond to the six (6) questions below
(A-F) on a separate sheet (Please print or tvpe):
A.
That special conditions and
to the land, structure or
appl icable to other lands,
zoning district;
circumstances ex~st which are peculiar
building involved and which are not
structures or buildrngs in the same
Page 1 of 3
B. ~hat 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 denled 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 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. .\
1>oS'I IwQJJbi7\JG(BtlYNToN...J '- Tb.
Name and address of owner: .:J.:SD q AJokTH (:oAl6R~' ,4vc. BOl'JJTCN :HEllen. rL. 33y.36
,
7 .
8.
Name of applicant:
LEu) PETER...s
Applicant's address:
Applicant's phone #:
Date: r,;)? 1'1'11 Signature of Applicant:!
..----------------------------------------------------------------------
'Po be completed bv the Buildinq Official or Representative
1. Property is presently zoned: PUD Formerly zoned: ~
2. Property Control Number; '08.-/f3-l!h -/8- _010-006 _ 0010
3. Denial was made upon existing zoning or sign requirements (list
sections(s] of Code from which relief is required):
A PP~Nc,l)( A .. 2fJf/I" ~6eTi"OA/ 4~.
4. Nature of exception or variance required: 1IR.Ci(~1 Th,^)U2e~ rHe J.j P~6r
DF iNSiAf..l./III(.. . LUII}~ .4 P"Mol'. 0(:..
M41l'J
7ill: G;"l '
Date: AJ!4
5. Case Number:
-r}i,: ffli),II)f LINC:.
Permit denied:
BUilding Department
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Meeting Date:
.:3VtJ4 "UJ, I"'~
.
1'0 be filled out bv Board
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BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
Page 2 of 3
C E R T 1 F I CAT ION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PR~ I?/~
APPLICANT/A6ENT
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APPLICA'I'. WP5
Page 3 of 3
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EmIBIT -A-
All of POST LANDING, according to the Plat thereof recorded in
Plat Book 54, Pages 191 and 192, Public Records of Palm Beach
County, Florida lying in Section 18, Township 45 Sout~, ,Range 43
East, City of Boynton Beach, Palm Beach County, Florida and being
more particularly described as follows:
Commencing at the East One-Quarter Corner of said
Section 18~ thence South 89005'13" West (for
convenience the bear ings shown herein are relative to
the East line of the South Half of said Section 18i,
along the East-West Quarter line of said Section 18, a
distance of 60.06 feet to a point on the Westerly
Right-of-Way line of Congress Avenue, as now laid out
and in use, said point being the POINT OF BEGINNING of
this description~ thence South 01044'21" West along
said Westerly Right-of-Way Line, said line being 60.00
feet west of and parallel wi th the East line of said
Section 18, a distance of 864.10 feet to the Northerly
line of Mahogany Bay, Plat No. I as recorded in Plat
Book 52, Pages 45 thru 47 of the Public Records of Palm
Beach County, Florida: thence South 83000'00" West,
along the Northerly Line of said Mahogany Bay, a
distance of 500.00 feet: thence North 45002'21" West,
along the Northeasterly line of said Mahogany Bay, a
distance of 144. 31 feet ~ thence North 01044' 21" East
along the Easterly line of said Mahogany Bay, said line
being 659.36 feet west of and parallel wi th the said
East line of Section l8, a distance of 813.47 feet to
the said East-West Quarter line of Section 18: thence
North 89005'13" East along said East-West Quarter Line
of Section 18, a distance of 600.00 feet to the POINT
OF BEGINNING.
TOGETHER WITH a sani tary sewer easement as descr ibed
and granted in that certain Amended Grant of Easement
recorded April 23, 1986, in Official Records Book 4856,
Page 182, Public Records of Palm Beach County, Florida.
ALSO
TOGETHER WITH an easement as described and created in
that certain Agreement recorded November 20, 1985, in
Official Records Book 4712, Page 138, as amended and
restated by that certain Amended and Restated Drainage
and Lake Maintenance Agreement dated the 22nd day of
Apr i1, 1986, recorded in Off icial Records Book 4856,
Page 189, as re-recorded in Official Records Book 5005,
Page 623 as amended by First Amendment to Amended and
Restated Drainage and Lake Maintenance Agreement
recorded November 6, 1986 in Official Records Book
5064, Page 538, all of the Public Records of Palm Beach
County, Florida.
26-mOI4-c
RECORD ~~~6
F'ALM BEACH COUNTY, FLA.
JOHN B. DUNKLE
CLERK CIRCUIT COURT
/fOIl C~"Ii /'110
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POST ~ANDING
PlA T BOOK 54. PAGE 191
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OESCRIPTION:
40.00 [.at "'..t. of, and. p.r..~1.1 .,..Ch .. ~...a1r.d It. rlljlht 11'191.. 'Co, 1:n_
t.st Lin. of .aid plat. . discancI of )0.00 t.at; thlnee louth ".15'3..
t..t. . chltanel of It;. 00 f..t Co. point. 30.00 f..t w..t of .aid hat
linl; thane. ,South OP44'21. V..t, _10"9 a line 30.00 t..t w.st of, and
paraUal ~lth. as 1II...urad at ri9ht .1'191.. to, . th~ t;..t Llne of .ald
plat, a due.neB of 30.00 taet to the point of Be/i1.nn1n9.
" portion Qt 1'051' LAUDING, accordl.n9 to the plat. therlof, al rlcorded in
pat look 54, paqas ~'1 _1'141'2, PUblic Racorda 1f Pal. aeach County,
'lorida, bain~ 1lI0ra particularl)' 4aacrib.ct a. tollOw.:
COllrnencin'iJ at the SouthaAat cornar of aaid plat; thanca North OP44'21'"
E..t, alan; the t.at Line at .aid plat, _ diatanc. of 2S.00 r;aot to a
point hereinartar ratarred to a. point -"'-; thanea North "-l!"'" Wa.t,
a distance ot 25.00 f..t to the Po.lnt or "'e9innin9 of this description:
thence continua North "-1~"9'" West, .. distance of l~.OO taat to .. point
40.00 teet ~eat ot the East Lina ot a.id plat: thane a North 01-44'21'"
Eaat, along a line 40.00 taat Wast ot. and parallel with, as measured. at
right angles to, tne East Line ot said plat, a dist.Ance of 110.00 tec.ti
thence South 88-15'39'" East, a distanc. of 15.00 t.at to II point. 25.00
feet Wast. of said East. lin8; thence South 01-44'21" West, along a 111'118
25.00 f..t. West. ot, and parallel ....it.h, as .easured at. right angles to.
the East Llne ot said plat, a distance ot 110.00 teet to the Point of
Be<;pnning.
TOGETHER WITH:
CERTIFlCATEI
I hereby certify that LeljJal ~scription &1'14 Craphic Depict
thereot confo~". to the Minlllll.J1II Technical Standards..
torth by the Florida Board of Protess~on.l Land Surveyors
6lCl,-6, Florida Administrative Coda, pursuant to Sect
.02.02'1, Florida Statutes; and i5 true and correct. to
b..t of lilY ltnowledge and bel1c:'f" as prepar~d under
direction, on April 5. 1994. Thl. .J.natrurnant 15 not VIII
unleas it bear.. an original sig'nature and an emcos
surveyor'l> seal.
COlllcenc ing CI said Point "A"'; thence North 01 -44' 21- East. along' the East
Line ot said plat,. III distance of HO.OO teet to a point hereinafter
reterred to as Point. "B"; thence North 88-15']9'" West, a distillnce of
30.00 feet to the Point ot Beginning ot this description; thence continue
North S6-15'19- West, a distance of 10.00 feet to .. pO.J.nt 40.00 teet "est
of the East Line of said plat; thanca North 01-44'21'" East, along a line
Comlllenc1nq a said point .....; tbenca North 01-44'21- East, along the Eaat
Line of said plat, .. diatance of 554.93 hat to a point: thance North
8P15'3'- West, a distanca of 30.00 teet to the Point of Beginning' ot
th1S description; thance continue North 8S-15'39" West, a d.istanca of
10.00 f.et. to ill paint 40.00 reet West of the East Line of said plat;
thence North 01-44'21'" East, alonq a line 40.00 feet West af, and
parallel \olith as measured at r19ht. angles to, the East Line at said plat.,
a distance ot 62.00 teet; thence South 88015'39" East. a distance at
10.00 feet to a point lO.OO feet West. of said East. line; thence SOut:h
01044'21" West, along a line 30.00 feet West of. and parallel with, as
measured at right angles to, the East Line of $aid plat, a distance at
62.00 feet. to the Point of B89inning_
Said landS situate, lying anel being in Palm Beach County. Florida.
SUBJ:ECT to all easements, ri9hts-of-way and reservations ot record.
~#/!4:0CIATES'
M1chael G. purr:.ort
Professional Land Surveyor
Certificate Reg. No. 2720
State of Florida
INC.
TOCETHER WITH:
C: \MISC"\BOCAV
Ed Update'5 ondlOt ReVISionS Dote 8y (I'd '.B POST LANDING I~~ Ilckd ,'1c,p I
~ BOYTON BEACH. FLORIDA ~~,.. II'B 4\4 I
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MICHAEL G. PURMORT & ASSOCIATES, I
land surveyors · pion
843 S.E. 8th Ave
Deerfleld Beach, Flonda 3
Telephone (305) 421-
FAX (305) 421-
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Post Landing
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2309 North Congress Avenue. Boynaon Beach. FioI'ida 22426
Put of Section II
Palm Beach County
Township OS kanJe nE
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SPECIAL WARRANTY DEED
. S1"" THIS SPECIAL WARRANTY DEED is made and executed this
JI - day of December, 1986 by POST PARTNERS VI, LTD., a Georgia
limited partnership qualified to transact business in the State
of Florida (hereinafter referred to as the "Grantor") to and in
favor of POST LANDING (BOYNTON), LTD., a Georgia limited
partnership qualified to transact business in the State of
Florida, whose address is 1600 Parkwood Circle, N.W., suite 600,
Atlanta, Georgia 30339 (hereinafter referred to' as the
"Grantee"):
WIT N E SSE T 'H:
----------
THAT the Grantor, for and in consideration of the sum of TEN
AND NO/100 DOLLARS ($10.00) and other valuable considerations,
the receipt and sufficiency of which are hereby acknowledged, by
these presents does grant, bargain, sell, alien, remise, release,
convey and confirm unto the Grantee, that certain piece, parcel
or tract of land situate in Palm Beach County, Florida, more
particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference thereto (hereinafater
referred to as the "Subject Property").
TOGETHER WITH all improvements thereon and all tenements,
heredi taments, rights, pr ivileges, easements and appurtenances
belonging or in any wise appertaining to the Subject property.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor does hereby covenant with and warrant to the
Grantee that the Grantor is lawfully seized of the subject Pro-
perty in fee simple: that the Grantor has good right and lawful
authority to convey the the same as aforesaid: that the Grantor
fully warrants the title to the Subject Property and will defend
the sale of Grantee's title to the same against the lawful claims
and demands of all persons claiming by, through or under the the
Grantor: and that the Subject property is free and clear of and
from all liens and encumbrances made by the Grantor, except for
those hereinafter provided.
The conveyance made herein is, however, expressly made SUB-
JECT TO the following exceptions, to wit:
l. Ad valorem real property taxes or assessments
levied or assessed subsequent to the date hereof.
2. Easement in favor of Florida power & Light
Company, dated October 10, 1969, recorded February
10, 1970, in Official Records Book 1785, page
1335, Public Records of Palm Beach County,
Florida.
3.
A 20-foot Easement as described in Order of Taking
by Ci ty of Boynton Beach, recorded October 24,
1980 in Official Records Book 3391, Page 1837, in
the Public Records of Palm Beach County, Florida,
including, but not limited to, any co-utilization
rights between City of Boynton Beach and Florida
power and Light Company.
Easement in favor of Lake Worth Drainage District
dated April 6, 1981, and recorded in Official
Records Book 3541, Page l115, publ ic Records of
Palm Beach County, Florida.
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Agreement
between Mahogany Bay
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Ltd.
and
MDC
Ihis instrument was prepared ~y }"d
should be returned to V
JON C, YERGLER
,1.1lwndes. Drosdick, Doster, Kantor & Reed
Professbnal Association
215 North Eola Drive
Post Office Box 2809
Orlando, Florida 32302
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Equities of Boca Raton, Ltd., providing for
drainage and lake maintenance, recorded November
20, 1985, in Official Records Book 4712, Page 138;
as amended and restated by Amended and Restated
Drainage and Lake Maintenance Agreement between
Mahogany Bay, Ltd., and MDC Equities of Boca
Raton, Ltd., recorded April 23, 1986, in Official
Records Book 4856, Page 189, as re-recorded in
Official Records Book 5005, Page 623 and~ ~s
amended by First Amendment to Amended and Restated
Drainage and Lake Maintenance Agreement recorded
on November 6, 1986 in Official Records Book 5064
at Page 538, all of the Public Records of Palm
Beach County, Florida.
6. Easements and other matters appearing on the plat
of POST LANDING, according to the Plat the reof
recorded in Plat Book 54, Pages 19l and 192 of the
Public Records of Palm Beach County, Florida.
IN WITNESS WHEREOF, the Grantor has caused these presents to
be executed in its name, the day and year first above written.
Signed, sealed and delivered
in the presence of:
VI, LTD.
By:
author1zed
STATE OF FLORIDA
COUNTY OF VOL~I,A
Sf-
The foregoing instrument was acknowledged before me this2~ day
of December, 1986 by James A. Bechtel, an authorized general partner
of Post Partners VI, Ltd., a Georgia limited partnership qualified to
do business in the State of Flor ida, on behalf of the partnersh~R'",,,,,,,,
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t.~y (cmmissicn Expires June 22, 19U.......{ '0 ~ .,.",
Bonddd Uuu ho) t.:.,n' Im..HoJlltC. .nC', . "'JrH""""
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Post Properties, Ine.
3350 Cumberland Circle
Suite 2200
Atlanta, Georgia 30339-3363
404-850-4400
Fax No, 404-951-1825
January 14, 1994
City of Boynton Beach
Boynton Beach, Florida
Re: Post Landing (Boynton)
Gentlemen:
In connection with the installation of gates at our Post Landing Community
in Boynton Beach, Florida, this letter shall constitute our authorization for Lew Peters to act
as our representative.
POST LANDING (BOYNTON), LTD.
By: Post Apartment Homes, L.P., its
General Partner
By: Post Properties, Inc., its
sole general partner
By: SIM~ W Cal-u"
Sherry Cohen
Senior ce PreSident
~ ctI r11&~.
lJotmy f'ubne. "'!ton o,lJnty, G~rsr3
"'~. ~ m"'!~!'''n Exr;!re!! April 23, test)
BtJlI C4~#/ft,
Post Properties, Inc. is the General Partner of Post Apartment Homes, LP. \)
Post<ID, Post Landscape@, Post Landscape Services@, and Post Management<ID are registered service marks of Post Apartment Homes. LP.
>05""
l.b>t Management
A Division of fust IToperties, Ine.
3350 Cumberland Circle
Suite 2200
Atlanta, Georgia 30339-3363
404-850-4400
Fax No. 404-956-1033
city of Boynton Beach
Board of Adjustment
January 25, 1994
Post Landing
restriction.
link fence in
the beauty of
is requesting an exception to the 4' high fence
We would like to install a 6' high black vinyl chain
a manner so as to detract as little as possible from
the property.
In answer to number 5 on the application for a variance:
A. Post Landing is an upscale apartment community consisting of
192 apartments and bordering on busy Congress Ave. Our
residents are demanding increased "peace of mind" due to the
high visibility of crime coverage in newspapers and on
television. We are in the process of getting a permit to
install a controlled access gate system. For the system to be
effective we will need a barrier normally too high to climb
over or leap over such as a 4' fence.
B. We are acting on our resident's behalf in the construction of
the controlled access system and fencing of the property so as
to better provide peace of mind for themselves, and to provide
a higher degree of protection for personal property (cars)
while in the parking areas at night.
C. Granting of this request will not confer permission for any
other property, buildings or structures.
D. If we have to inset the fence as far back as the building
setback line, residents will not have full enjoyment of the
property and it would defeat our purpose of letting residents
have full enjoyment of the property and yet controlled access.
E. We feel a 6' fence is the minimum possible height for the gate
installation system to be effective.
F. Post Landing will install the fence in harmony with the land
and behind the thick wall of landscaping at the frontage so as
to not detract from the beauty of the area or be detrimental
to the public welfare.
Post Landing (Boynton) Ltd.
Post'") and fust Management'" are registered service marks ci fust IToperties, Inc.
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