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LEGAL APPROVAL %e City of 'Boynton 'Beacn 100 'E. 'Boynton 'Beadi 'Boulevard P.O. tJJo~310 tJJoynton tJJuld,,/ 1foritfa 33425-0310 City 9fa[[: (407) 375-6000 1'.9lX: (407) 375-6090 september 21, 1994 Mr. Richard G. Maloof Fru-Con Development corporation 15933 Clayton Road Ballwin, MO 63022-0100 Re: t-1iami Subs Board of Adjustment Case #198 4742 North Congress Avenue (Boynton Lakes Plaza) Dear Mr. Maloof: Your request for a variance regarding the above referenced case was approved by the Board of Adjustment at their September 19, 1994, meeting. If I can be of further assistance, please contact me. Sincerely, J~-.~ Tambri J. ~Yden Planning and Zoning Director TJH/mja XC: David Daszkal, Miami Subs Building Official Case File Central File .9lmema's (jateway to tfie (julfstream MINUTES - BOARD OF ADJUSTMENf MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 19. 1994 Ms. Houston asked whether or not Ms. White was aware of the fact that the tenant was building this structure. Ms. White said she could not remember. Ms. Houston inquired as to when the tenant attempted to get a permit from the City. Mr. Haag said that in looking at the permit number, #93-5058, it appears it was issued in December of 1993, or January of 1994. It was voided on 7/6/94 due to lack of action taken. Mr. Tiner; confirmed with Ms. White that she is willing to sign an affidavit, as stated on Page 6 of the staff report, Exhibit IIA", Item lip, whereby this area will never be enclosed. He advised her that if she ever sells the property, the new property owner would have to be informed of this affidavit. CHAIRMAN THOMPSON ANNOUNCED THE PUBLIC HEARING. THERE WAS NO ONE PRESENT WHO WISHED TO SPEAK ON THIS PETITION. Vice Chairman Miriana inquired as to whether or not the granting of this variance would make it permissible for new owners to enclose the structure. Mr. Haag advised that the Board could put a condition on the variance that the structure cannot be enclosed. He further advised that a deed restriction can be included so that the recorded deed would show the restriction. Attorney Rubin said a recorded document would be binding on any persons acquiring the property. Motion Vice Chairman Miriana moved to GRANT the request with the conditions being that only if the present tenant occupies the building and any change other than the present tenant or ownership of the property, then the structure would have to be removed. Mr. Tineri seconded the motion. Mr. Tineri requested that the motion be amended to include a letter from the owner as stated on Page 6, Item E, that she is willing to sign an affidavit and a deed restriction stating that the structure will not be permitted to have the three closed sides. Vice Chairman Miriana accepted the amendment to the motion. The Recording Secretary polled the vote. The vote was 5-1 to grant the variance. (Ms. Houston cast the dissenting vote.) Case '198 Property Owner: Request: Northeast corner of Plaza Lane and Congress Avenue (Boynton Lakes Plaza) Boynton Lakes Plaza Partnership Applicant requests to eliminate the loading zone requirement for a restaurant. . Secretary Houston read the application. The address of this property is 4742 North Congress Avenue (Boynton Lakes Plaza, Outparcel "A"). The variance is a request for relief from the requirements of Appendix A-Zoning, Section 11, J. 1. and 2.a. - 3 - MINUTES - BOARD OF ADJUSTME'.- MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 19. 1994 Secretary Houston read the "Statement of Special Conditions" submitted to the Board of Adjustment from Christopher P. Crawford, Project Manager, and David Daszkal, Agent. Mr. Haag advised that there was a mistake in the legal ad. Rather than reading "Section 11", the ad read, IISection 11". Attorney Rubin requested a copy of the ad for his review. While Mr. Haag excused himself to get a copy of the legal ad, the meeting continued. Christopher Crawford~ 2499 Glades Road~ Suite 209~ Boca Raton~ Florida~ is the Project ,Manager for Miami Subs. He is of the opinion that there is no need for a loading zone at this restaurant since there will be single delivery, or possibly two deliveries per week. These deliveries are made early in the morning and the restaurant is not open at that time. The delivery trucks will utilize the drive-thru as a loading zone. There are other ways of getting out of the site without anyone having to go through the drive-thru. There should be little to no traffic in this area when the deliveries are made since most of the stores in this Plaza are not open early in the morning. Since this parcel sits away from the main entrances, it will not interfere with any vehicular traffic on the site. Gene Kaplan~ 6300 NW 31st Avenue. Fort Lauderdale~ Florida~ is the Director of Construction and Architecture for Miami Subs. There are 1 8 Miami Subs which do not and will not serve breakfast. They do not have the facilities, nor are they capable of serving breakfast. The delivery trucks enter the drive-thru section when the restaurant is not open. None of the restaurants have a loading zone, and Mr. Kaplan requested the Board's consideration in granting this restaurant that same privilege. RockY Goins represented the owners of Boynton Lakes Plaza. The owners support Miami' Subs in their request to delete the loading zone. The owners have dealt with a great many restaurants and it is uncommon for a restaurant to require a loading zoning due to the infrequency of deliveries. They typically receive deliveries once a week unlike Winn-Dixie or Walgreen's. By incorporating the loading zone, parking spaces would have to be eliminated. This is critical to the owners because people are now using some of the parking spaces which will be used by Miami Subs. Further, the owners have a limit on the number of parking spaces required per site according to the Walgreen's lease. If the loading zone is required, the owners will experience a financial burden with Walgreen's since they can break the lease. He requested the Board's support of the request. Attorney Rubin reviewed the legal ad and pointed out that although there could be some confusion, there is no Section II J. Therefore, he feels most people would assume it was Section 11. He requested confirmation from the applicant that it is acceptable to vote on this issue. David Daszkal confirmed that it was acceptable. Mr. Tineri questioned whether or not there is curbing present to divorce the parking lot from the drive-thru. The applicant responded affirmatively. - 4 - _, _,_.:..'>:,.'!:_::ij~,....1;;.~...t'Ai;.t;d-tf,~"<:E.;>;. MINUTES - BOARD OF ADJUSTMEhf MEETING BOYNTON BEACH. FLORIDA SEPTEMBER 19. 1994 ( Mr. Tineri inquired as to the size of the delivery trucks. The applicant responded that it is a medium size tractor/trailer. Mr. Kaplan said this store is not large enough to facilitate a delivery by an eighteen wheeler. The truck would be a single cab, six-wheel vehicle. Delivery time would not take more than thirty minutes. Mr. Goins advised that this is an outparcel. The delivery trucks would not block any major avenue into the shopping center. THERE WAS NO ONE ELSE PRESENT TO SPEAK ON THIS PETITION. Chairman Thompson requested clarification from Mr. Haag with regard to whether or not provisions are made in the original design of a center to allow for expansion of new businesses and parking spaces. Mr. Haag explained that when a shopping center is built, they come in with a design for the main shopping center. The outparcels are identified by square footage. The City ensures that the proper number of parking spaces are incorporated by the square footage iden- tified on the plan. The parking spaces were designed with the entire site in mind. However, they did not know who the tenant of the outparcels would be; therefore, they were unaware a loading zone would be necessary. Ms. Houston asked for verification of the statement that Cuco's Restaurant does not have a loading zoning. Mr. Haag confirmed the statement to be true, and further said that was a mistake. Mr. Haag said there is not a problem with the total number of parking spaces for the site. Even if the loading zone is built, there will be. enough parking spa- ces for the site. That would create the square footage for the vacant parcel which would require site plan review. If the loading zone is built, it will eliminate four parking spaces. Motion Ms. Houston moved to GRANT the request as stated by the applicant. Mr. Tineri seconded the motion. The Recording Secretary polled the vote. The vote was 5-1. (Vice Chairman Miriana cast the dissenting vote.) Chairman Thompson stated that he voted in favor of the request, but feels more guidelines are required in cases such as this. Since this building does not exist, there is no reason to violate Code. OTHER BUSINESS None COMMENTS BY MEMBERS In response to Chairman Thompson's question, Mr. Haag stated that it appears at this point that there will not be a Board of Adjustment meeting next month. However, the members will be notified. - 5 - 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 a hearing as indicated, under and pursuant to the provisions of the Zoning Code of said City: Case *198 Agent: Boynton Lakes Plaza Partnership c/o Fru-Con Development Corporation David Daszkal, agent for Miami Subs at BOYnton Lakes Plaza OWner: Requested Variance: A request to eliminate the requirement of a loading zone on site. The requested variance is to Section II J.1. of Appendix A Location: 4742 North Congress Avenue (BOYnton Lakes Plaza) Legal Description: A PORTION OF "BOYNTON LAKES PLAZA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 70, PAGES 47 THROUGH 48, INCLUSIVE, OF THE RECORDS OF PALM BEACH COUNTY, FLORIDA, LYING IN SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF "BOYNTON LAKES COMMERCIAL" AS RECORDED IN PLAT BOOK 6 9 ON PAGE 97 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID CORNER BEING A POINT ON A CIRCULAR CURVE TO THE LEFT WHOSE RADIUS BEARS NORTH 8 5 0 3 4 ' 3 5" EAST, SAID POINT ALSO BEING 16.00 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF THE EAST RIGHT OF WAY LINE OF CONGRESS AVENUE AS RECORDED IN OFFICIAL RECORD BOOK 4456 ON PAGE 565 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE, CONTINUE SOUTHERLY AND PARALLEL TO SAID EAST RIGHT OF WAY LINE OF CONGRESS AVENUE, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 11383.16 FEET AND A CENTRAL ANGLE OF 00046'10", A DISTANCE OF 152 . 88 FEET; THENCE, CONTINUE SOUTH 05011' 35" EAST A DISTANCE OF 64.14 FEET TO A POINT BEING 16.00 FEET, AS MEASURED AT RIGHT ANGLES, EAST OF THE SAID EAST RIGHT OF WAY LINE OF CONGRESS AVENUE; THENCE, NORTH 85010'24" EAST, A DISTANCE OF 9.43 FEET; THENCE, SOUTH 01023121" EAST, A DISTANCE OF 23 . 55 FEET TO THE POINT OF BEGINNING; THENCE, NORTH 41053'31"EAST, A DISTANCE OF 26.99 FEET; THENCE, NORTH 85010'24" EAST, A DISTANCE OF 66.43 FEET; THENCE, SOUTH 77043150" EAST, A DISTANCE OF 37.36 FEET; THENCE, CONTINUE ALONG THE ARC OF A CIRCULAR CURVE TO THE RIGHT HAVING A RADIUS OF 430.00 FEET AND A CENTRAL ANGLE OF 02057'40", A DISTANCE OF 22.22 FEET; THENCE, SOUTH 49049'36" EAST, A DISTANCE OF 28 . 80 FEET; THENCE, SOUTH 040 49 ' 36" EAST, A DISTANCE OF 156.00 FEET; THENCE, SOUTH 85011'16" WEST A DISTANCE OF 147.23 FEET, THENCE, NORTH 48006'03" WEST, A DISTANCE OF 36.40 FEET; THENCE, NORTH 01023'21" WEST, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. page 2 Miami Subs Notice of Public Hearing CONTAINING 31,051 SQUARE FEET, 0.713 ACRES, MORE OR LESS. NOTES: BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF NORTH 85010'24" EAST ALONG THE NORTH LINE OF SECTION 8, TOWNSHIP 45 SOUTH, RANGE 43 EAST AS SHOWN ON SAID PLAT OF "BOYNTON LAKES COMMERCIAL". Proposed Use: Restaurant with drive through window A PUBLIC HEARING will be held relative to the above application by the BOARD OF ADJUS'l'MENT at City Hall, Conunission Chambers, Boynton Beach, Florida, on Monday, September 19, 1994, at 7:00 P.M. Notice of a requested variance is sent to property owners within 300 feet of the applicant's property to give them a chance to voice their opinion on the subject. Conunents may be heard in person at the meeting or filed in writing prior to hearing date. If further information is desired, call 375-6062, 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 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. CITY OF BOYN'l'ON BEACH SUZANNE M. KRUSE, CMC / AAE CITY CLERK PUBLISH: BOYNTON BEACH NEWS SEPT. 1 & 8, 1994 A:LEGAL.198