APPLICATION
; ..':_:".'
CITY OF BOYNTON BEACH
BrA CAst NO. :;'01/
Submittal Deadline: See scehdule of dates for Board meetings and submittal
dates
BOARD OF ADJUSTMENT APPLICATION
Please print (in ink) or tvoe
submittal date:
March 13, 1995
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: ~-+s+ Portion of Tract 9,0 & 91
, Subdivision The Plat of Quantum Park at Boynton Bc:h., P.
, Page 196 & 1970r otherwise described as follows:
~.to'C'X-
Plat Book
57
Property Address
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-hundredtn (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site plans properly dimensioned and to scale showing:
A. All proposed structures
B. All existing structures that 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 r.ecorded 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 aaent 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 reasons justifying the
requested exception or variance. Respond to the six (6) questions below
(A-F) on a separate sheet (Please print or tvoe):
A. That special conditions and circumstances exist which are peculiar
to the land, structure or building involved and which are not
applicable to other l~nds, structures or buildings in the same
zoning district;
Page 1 of 3
B. That 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 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.
6. Application fee in the amount of $400.00, payable to the City of Boynton
Beach, must accompany this petition.
Tri-County Commuter Rail Authority
7. Name and address of owner: 305 S. Andrews Ave., Suite 200, Ft. Lauderdale, Fl
Zip - 33301
8. Name of applicant: Craven Thompson & Associates, Inc. - Agent for Owner
Applicant's address:
Applicant's phone #:
3563 NW 53rd St., St. Lauderdale, FL 33309
305-739-6400
Date:
3-13-95
Signature of Applicant:
To
Dlr\ AA_/
1. Property is presently zoned: I U Formerly zoned: IVI
2. Property Control Number: D8-'t3-tf{;;-/0-3:).-ooo-- 01/0
3. Denial was made upon existing zoning or ~ requirements (list
sections[s] of Code from which relief is required):
A PP6AJO/)( II- k>N..N&, S€-cfiDN 7. If. 17
.
4. Nature of exception or variance required: RcQlle~r Ps../~f FPvm r". 2lWIN6
CtJDf: Tb Oh1,lr mE:. fERIPlICfMt (;~N'N:i.r /i&JNh ~ CA-Sr pPl)/'r:Rry ~/!/, Df 17R.1'~;;.f6R rv
,
I/C.o.Pi)':.t:1) t:'DR.. 1M.1lt!:{,z)PmiN r of. 4 IA/2Kwb FAe-l.ily IINIJ t1cds.S -ro f1/t 1/-&r1i/tlb -rRI- f(41L
S;~ T;D ty j. .
Date: AI ~ Permit denied: AJIA
. Building Department ·
5 .
Case Number:
~D'I
Meeting Date:
{ffRIL
/7 /195
,
To be filled out bv Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
Page 2 of 3
~-'"
C E R T I 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
APPLICAT.WP5
Jos ph D. Handley , Agent
ven Thompson & Associates, Inc.
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Page 3 of 3
g04f/9S--0V5' (5)
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III. CERTIFICATION
(I. (We. understand that this application and all papers and
plans submitted herewith become a part of the permanent
records of the Planning and Zoning Board. (I) (We) hereby
certify that the above statements and any statements or
showings in any papers or plans submitted herewith are true
the best of (my) (ourl knowledge and belief. This appllcatl
will not be accepted unless signed according to the
instructions below.
JIM t/,A~;A$"'~~ ~ Eo
Md..e. 0' Ej'/61,-./e6,1( /~6
o owner s) or Trustee,
ized Principal if property
by a corporation or other
entity.
/ -1.;7 -q t)'
Date
IV.
S gnatu e 0 horized Agent
M . Joe Handley; Craven Thompson & Associates, Inc.
. ) (We) hereby designate the above signed person as (my)
our) authorized agent in regard to this application.
J/M ~~""J"""" 't ~ t:.
ft#~.o~ ~ ~/N
of OWner(s) or Trustee,
ized Principal if property
by a corporation or other
entity.
~ "Z..b, 19Cf5
Date
j-Z7-QS-
Date
SPACB BBLOW THIS LINE FOR OFFICB USB ONLY
Review Schedulel
Date Received
Date
Date
Date
Date
Technical Review Board
Planning , Zoning Board
Community Appearance Board
City conunission
Stipulations af Final Approvala
other Government Agencies/PersoRs to be contacted a
Additional Remark.,
PLANNING & ZONING DEPARTMENT - November, 1991
A:sttePlan
--_._----~
Board of Directors
Rick Chesser
Miguel Diaz de la Portilla
Allen C. Harper
Marie Horenburger
Ed Kennedy
Wendv U. Larsen
Lori Nance Parrish
Carol A. Roberts
David Rush
Gilbert M. Robert
Executive Director
305 South
Andrews Avenue
Suite 200
Fort Lauderdale
Florida 33301
Customer Information
1.800.874.7245
Executive Offices
(305) 728-8512
T ri..County
Commuter Rail Authority
~
March 9, 1995
City of Boynton Beach
100 E Boynton Beach Drive
Boynton Beach, Florida 33435
RE: BOYNTON BEACH STATION
CT & A PROJECT NO. 93-005501
WHOM IT MAY CONCERN:
TRI-COUNTY COMMUTER RAIL AUTHORITY authorizes the firm
of Craven Thompson & Associates Inc. to act on their
behalf as agent in conjunction with all site plan
approvals and variances for our Boynton Beach Project.
If you have any questions please do not hesitate to
contact me.
Yours sincerelYI
~7
Project Man~~~~ij
cc: Herb Kahlert
Joe Handley
OFFICIAL NOTARY SEAL
KATHY LCRAVEN
NCYrARY PUBUC STATE OF FLORIDA
COMMISSION NO. CC2132."l8
MY COMMiSSION EXP. VLY 13.1996
(t.,rAz:. c:;?( e.tCUIL~.J. '
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g,'JA CIJ~.! Alo dOY.
This Instrument Was Prepared
By And Should Be Returned To:
~'i Scott G. William., Esquire
~ SHUTTS & BOWEN
250 Australian Avenue South
Suite 500
West Pa~ Beach, Florida 33401
Property Appraisers Parcel
Identification (Folio) Number:
DEC-15-1994 4: 19Pm 9Lt -415030
ORB 8545 P9 1066
...._ 11111 _ _ _
1 ~3~ ~1f O~ n ~ in 7~~ 00
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Con
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, executed as of the 31st day of
October, 1994, by QUANTUM ASSOCIATES, a Florida general partnership (the
"Grantor"), whose mailing address is 115 West Washington street,
Indianapolis, Indiana 46204 to TRI-COUNTY COMMUTER RAIL AUTHORITY, an
agency of the State of Florida, whose mailing address is 305 South
Andrews Avenue, Suite 200, Ft. Lauderdale, Florida 33301 (the
"Grantee") .
~ .! ! ~ ! ! ! ! ! !!:
That Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable consideration to Grantor in
hand paid by Grantee, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, and sold to Grantee and Grantee's
heirs and assigns forever, the following described real property
situate, lying, and being in Palm Beach
county, Florida (the "Property") to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
TO HAVE AND TO HOLD the same in fee simple forever.
This conveyance is made SUBJECT TO the following:
1. Restrictions, covenants, conditions and easements as
contained on the Plat of Quantum Park at Boynton Beach, PID Plat No.8,
recorded in Plat Book 57, Page 196, of the Public Records of Palm Beach
County, Florida.
2. Reservations, covenants and conditions contained in the
Declaration of Protective Covenants of Quantum Park at Boynton Beach,
dated October 14, 1987 and recorded October 15, 1987 in Official Records
Book 5450, page 1105, together with amendment, as recorded in Official
Records Book 6393, page 218, all of the Public Records of Palm Beach
County, Florida.
3. The Development Order issued under the Quantum Park
Development of Regional Impact (the "DRI "), dated April 26, 1985 and
filed in Official Records Book 4534, Page 1728, together with the
modification as filed in Official Records Book 5584, Page 1273, all on
the Public Records of Palm Beach County, Florida.
4. Easement in favor of Florida Power and Light Company
contained in Easement dated August 29, 1961 and recorded August 30, 1961
in Official Records Book 672, Page 38, of the Public Records of Palm
Beach County, Florida.
5. Easement in favor of Florida Power and Light Company
contained in Easement dated March 19, 1984 and recorded August 6, 1984,
in Official Records Book 4315, Page 1279, of the Public Records of Palm
Beach County, Florida.
130A C4S! Aj6.j..o4
CI.BBS 1IO'1'B: 'ftIB ~Y.l5tAIICB BV.UJDCBD BY TJaS DBBD IS PARr OF A LARGBR ~CXI
DIVOLVDIG A DmaJ .... TJaS SAD Q1IAII'l'OR AIID QBA, DIe. DI'!O '!lIB QIJAII'I"IJII ~- ...a.rr
DBVBLOraClIWI' DZ8'l'RI~ (rBB -QCDD-) AlII) A GRAft OF --~--I r.- 2'a QCDD 1"0 mur SAD
GRAlI'l"D. AU. APPLZI'!Jl.RT..1r rv-~ no..--.-m SDIIP8 ..... __~ m DBa .....
ORB 8545 PI3 1067
..1l1ll!IR.Il~ v.lilla.ill! B4J>..da llla__d FaB4t1.4.L.l It, 199B, L. E!a2l~ 116. e:h~J1 1IJII
1379:5 AI?) of LlA':' el...:""..': L e..,...L L LA ......05 fl!~ Pal. 98iUdl G:'81iR'i.y, FIe_ilia.
And Grantor covenants with Grantee that, except as above
noted, at the time of the delivery of this deed said property was free
from all encumbrances made by Grantor, and that Grantor hereby specially
warrants the title to said property and will defend it against the
lawful claims of all persons claiming by, through, or under Grantor, but
not otherwise.
IN WITNESS WHEREOF, Grantor has executed this deed as of the
day and year first above written.
Signed, sealed, and
delivered in the
presence of:
I .
i ,,,,,,:-=c L
QUANTUM ASSOCIATES, a Florida
general partnership
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(Type or print name)
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By: QUANTUM SIMON, INC., an
Indiana corporation, general
part~er
By: "--
'e\)l0\ i rr:c0 .
Its: ~ r~sl~r-
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/""v, /j:c ~;" I ./ /f'J't.7!
(Type or print name)
STATE OF ::I7vD!llJ./14
COUNTY OF ;J1M/cJJ
ss. :
The. ~ore9oing instrument was aCkno~le~q-ed~,bef.3-:e me this '-:; / .y-
( - .,l-'(~ I ,1994, by 1/,(-:. tc- ,,'l ~/f-{U':;- , as
of Quantum Simon, Inc., an Indiana corporation, as
general partner of Quantum Associates, a Florida general partnership, on
behalf of the partnership, who is personally known to me.. err wllo produced
--a'-
-driver's-~cense as
day of
:;~/~'. i~-) .
F '"'~ ........ "\;
~ - .~..... ':~. .',
J9fficial ~~tarial
. .... ~ ..
"~'." - " .
Seal]
identification.... .fiAt. ~ 11 .d _.,..
Notary pUb~6/ ~
SlfMUt. T ;:'1/4";
(Print or ty e name)
Commission No.:
My Commission Expires:
. - :. ::} ,
..... ,
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WESTPAlM ~il93:; - JMB
1 0/18/94 (VS)
SHIRLEY J. RYAN, Notary Public
County of Residence: Marion
My Commission EXpires: June 1 7, 1995
EXHIBIT nAn
ORB 8545 Pc.;! 1068
OOR01lf1 H. WILKEN, CLERK PB COUNTY, FL
FEE SIMPLE PARCEL BEING CONVEYED FROM QUANTUM ASSOCIATES TO
TRI-COUNTY RAIL AUTHORITY:
A PARCEL OF LAND SITUATE IN SECTION 16, TOWNSHIP 45 SOUTH, R.A,NGE
.;.J WEST, PALM BEACH COLH4TY. FLORIDA, ALSO BEING A PORTION OF
TRACT 90 OF THE PLAT OF QUANTUM PARK A.T BOYNTON BEACH, P.I.D.
PLAT NO.8, AS RECORDED IN PLA T BOOK 57, A T PAGES 196 AND 197 (j;-"
lrlE PUBLIC RECORDS OF PALM BEACH COUNTY. FLOR:OA, BEING MORE
P ARTICULARL Y DESCRIBED .A.S FOl.LOWS:
BEGiNNING A T THE NORTHEAST CORNER OF SAID TI'<ACT 90; THENCE SOUTH
00030'27" EAST, ALONG THE EAST LINE OF SAID TRACT 90. SAID LINE
ALSO BEING THE WEST LINE OF THE SEABOARD ALL FLORIDA RAIL \A'A {
RIGHT-OF-WAY, A DISTANCE OF 632.32 FEET; THENCE SOUTH 86' 35'.:'.5"
'NEST, A DISTANCE OF 598.67 FEET; THENCE NORTH 03- 24'35" WEST, A
DIST ANCE OF 540.98 FEET TO A POINT ON THE WEST LINE OF SAID TRACT
90; THENCE NORTH' 21.57'58" EAST ALONG SAID WEST LINE OF TRACT 90,
A DISTANCE OF 154.88 FEET TO A POINT ON THE NORTH LINE OF SAID
PLA T; THENCE SOUTH 88024'22" EAST ALONG SAID NORTH LINE. A
OIST ANCE OF 566.47 FEET TO THE POINT OF BEGINNING.
ABOVE DESCRIBED PARCEL OF LAND LYING IN THE CITY OF BOYNTO~J
BEACH, FLORIDA CONTAINS 9.200 ACRES MORE OR LfSS.
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RESPONSE TO QUESTIONS A THROUGH F
ON
BOARD OF ADJUSTMENT APPLICATION
A. The request is an exception or variance from the twenty five foot (25/) peripheral
greenbelt requirement as it applies to the Quantum Park P.I.D. The total Tri-County
Commuter Rail Authority station encompasses properties within and property
immediately adjacent to Quantum Park. These properties (i.e. the parking lot, the
station and tracks) must function as one site and cannot be disinjointed by the
provision of a twenty five foot (25/) greenbelt. Both vehicular and pedestrian
circulation must be allowed to continue over the common property line between the
Tri-Rail Station and the Park-n-Ride facility. This is a special condition that can occur
only at the Tri-Rail Station site.
B. The actions of the applicant have not caused this special condition. It is the nature
of the facility which exists at the site which has caused this need for the variance.
C. The granting of this variance would not confer on the applicant any special privilege
that is denied by this ordinance to other lands, building or structures in the same
zoning district. No other properties within any zoning district should require this
variance for the purposes stated herein.
D. If literal interpretation of the provisions of greenbelt requirement is applied, undue
hardship would exist on this applicant as they could not develop this property to
function in conjunction with the transportation network of which is the sole purpose
of this facility.
E. The variance requested is the minimum variance needed to provide the vehicular and
pedestrian circulation which is required for this facility. In fact, the greenbelt
requirement for the north property edge has exceeded the requirement by more than
three times.
F. The intent of the greenbelt requirements is to buffer the developments within the
Quantum Park P.I.D. from the adjacent uses. The adjacent use of this site is the
Southeast Florida Rail Corridor and Interstate 95. These uses are in harmony with
the proposed use of the site therefore negating the intent of a twenty five foot (25/)
buffer provision. The granting of the variance would not be injurious to the area
included or otherwise detrimental to the public welfare. In fact, if this variance is
not granted the provision of the twenty five foot (25/) buffer would result in a
condition that is detrimental to the public welfare since vehicular and pedestrian
traffic flow would be severely compromised and site visibility for safety reasons
would be greatly reduced.
BOA ctKe NO. ';).0,",
CR~EN lROMPSON & ASSOCI~ES INC.
SURROUNDING PROPERTY OWNERS LIST
FOR
400 FT. RADIUS OF TRI-RAIL STATION SITE
OWNER LEGAL OEseRI PTION
Florida State of DOT 16-45-43, TH PT OF W 1/2 L YG W OF &
C/O Right-of-Way Administrator ADJ. TO 1-95 RIW KIA DOT/CSX RY RIW
3400 W. Commercial Blvd. AS IN OR6403P1215 (SEE L-39 P1261 &
Ft. Lauderdale, FL 33309 L-40 P1262) & ADDL RIW AS IN OR6705
P1884 & 1886
Highridge 3000 Inc. 16-45-43, S 156 FT OF E 300.23 FT OF
6950 Cypress Rd. W 340.26 FT OF S 1/2 OF NW 1/4 OF
Plantation, FL 33317 NW 1/4
Fontana Interiors Design BOYNTON BEACH DISTRIBUTION
2901 NW Commerce Park Dr. CENTER IN PB47P100 L T 11 (LESS SLY
Boynton Beach, FL 33426 73.89 FT. OF EL Y 145 FT)
Regent Associates BOYNTON BEACH DISTRIBUTION
C/O Kwartler Associates CENTER IN PB47P100 L T 12
2 North St.
Waldwick, NJ 07463
BBD Associates BOYNTON BEACH DISTRIBUTION
P.O. Box 4529 CENTER N 92.20 FT. OF S 125.2 FT OF E
Boynton Beach, FL 33424 212.1 FT OF W 231.52 FT OF LT 23 KIA
PROPOSED BOYNTON BEACH
DISTRIBUTION CENTER COND F IN
OR4554P952
BBD Associates BOYNTON BEACH DISTRIBUTION
P.O. Box 4529 CENTER N 172.10 FT OF S 191.10 FT OF
Boynton Beach, FL 33424 E 92.10 FT OF W 137.90 FT OF LT 24
KIA PROPOSED BOYNTON BEACH
DISTRIBUTION CENTER COND E AS IN
OR4554P952
Page 1
SURROUNDING PROPERTY OWNERS LIST
FOR
400 FT. RADIUS OF TRI-RAIL STATION SITE
OWNER LEGAL DESCRIPTION
Boynton Beach Distribution BOYNTON BEACH DISTRIBUTION
Center Master Assn. Inc. CENTER IN PB47P100 TR D-1
3300 S. Congress Ave. #7
Boynton Beach, FL 33426
Curt G. Joa Inc. BOYNTON BEACH DISTRIBUTION
P.O. Box 1360 CENTER BLDG A COND UNITS A-1 &
Boynton Beach, FL 33425 A-2
Bank Boynton BOYNTON BEACH DISTRIBUTION
C/O Gene Moore CENTER BLDG A COND UNIT A-11
1865 Woolbright Rd.
Boynton Beach, FL 33426
Alvin I Brown TR BOYNTON BEACH DISTRIBUTION
7900 Wisconsin Ave. CENTER BLDG B COND UNIT 4
Bethesda, MD 20814
Alvin I Brown TR BOYNTON BEACH DISTRIBUTION
7900 Wisconsin Ave. CENTER BLDG B COND UNIT 8
Bethesda, MD 20814
Alvin I Brown TR BOYNTON BEACH DISTRIBUTION
7900 Wisconsin Ave. CENTER BLDG C COND UNIT 4
Bethesda, MD 20814
Alvin I Brown TR BOYNTON BEACH DISTRIBUTION
7900 Wisconsin Ave. CENTER BLDG C COND UNIT 8
Bethesda, MD 20814
General Financial Services Inc. BOYNTON BEACH DISTRIBUTION
8441 E 32nd St. N #200 CENTER BLDG D COND UNIT 4
Wichita, KS 67226
Page 2
SURROUNDING PROPERTY OWNERS LIST
FOR
400 FT. RADIUS OF TRI-RAIL STATION SITE
OWNER LEGAL DESCRIPTION
Alvin I Brown TR BOYNTON BEACH DISTRIBUTION
7900 Wisconsin Ave. CENTER BLDG H COND UNIT 3
Bethesda, MD 20814
Alvin I Brown TR BOYNTON BEACH DISTRIBUTION
7900 Wisconsin Ave. CENTER BLDG H COND UNIT 8
Bethesda, MD 20814
Boynton Beach Distribution Center BOYNTON BEACH DISTRIBUTION
Master Assn. Inc. CENTER PL 2 TRS 1 & 2
3300 Congress Ave. #7
Boynton Beach, FL 33426
Quantum Associates QUANTUM PK AT BOYNTON BEACH
P.O. Box 6120 PL 8 L T 85
Indianapolis, IN 46206
Quantum Associates QUANTUM PK AT BOYNTON BEACH
P.O. Box 6120 PL 8 L T 86
Indianapolis, IN 46206
Systems Control Inc. QUANTUM PK AT BOYNTON BEACH
12021 SW 144th St. PL 8 L T 89A
Miami, FL 33186
Quantum Associates QUANTUM PK AT BOYNTON BEACH
P.O. Box 6120 PL 8 L T 89B (LESS WL Y 265.43 FT. OF
Indianapolis, IN 46206 NL Y 241.17 FT AS IN OR6603P388
Systems Control Inc. QUANTUM PK AT BOYNTON BEACH
12021 SW 144th St. PL 8 WLY 265.43 FT. OF NLY 241.17 FT
Miami, FL 33186 OF L T 89B AS IN OR6603P388
Page 3
SURROUNDING PROPERTY OWNERS LIST
FOR
400 FT. RADIUS OF TRI-RAIL STATION SITE
OWNER LEGAL DESCRI PTION
Quantum Associates QUANTUM PK AT BOYNTON BEACH
P.O. Box 6120 PL 8 L T 90 (LESS PROPOSED R/W AS IN
Indianapolis, IN 46206 OR6199P526)
QRA INC. QUANTUM PK AT BOYNTON BEACH
110 SE 6th Street, 21 st Floor PL 8 PROPOSED 50 FT R/W L YG
Ft. Lauderdale, FL 33301 WITHIN L TS 90 & 91 AS IN
OR6199P526
Quantum Associates QUANTUM PK AT BOYNTON BEACH
P.O. Box 6120 PL 8 L T 91 (LESS SLY 14.02 FT OF EL Y
Indianapolis, IN 46206 280 FT & TRGLR PAR RD R/W & EL Y 31
FT OF S 251 FT SR 9 RIW