AGENDA DOCUMENTS
C I T Y
o F
BOY N TON
BEACH
BOARD OF ZONING APPEALS MEETING
AGENDA
DATE:
Monday, February 12, 1996
TIME:
6:00 P. M.
PLACE:
Boynton Beach City Hall
City Commission Chambers
100 E. Boynton Beach Boulevard
A. Acknowledgement of Members and Visitors
B. Approval of Agenda
C. Approval of Minutes
D. Communications and Announcements
E. One hour orientation presentation by the City Attorney
F. Old Business
NONE
G. New Petitions (Discussion to commence no earlier than 7:00
P.M.): as advertised.
PUBLIC HEARING
Case #213
Location: Northeast corner of the intersection of High Ridge
Road and Commerce Road.
Owner:
The Kilpatrick Company
'i
Requested
Variance: Request relief from Section 4.L of Chapter 2 of the
City's Land Development Regulations to eliminate
the requirement for a 6 foot high buffer wall along
439.10 feet of the north boundary of Lots I, 2 and
3 of the High Ridge Commerce Park PID (Planned
Industrial Development) .
Case #214
Location: Approximately 800 feet south of the intersection of
Congress Avenue and Palmland Road.
Owner:
Summit Associates, Ltd.
Requested
Variance:
Request relief from Section 4.J.2 of Chapter 2 of
the City's Land Development Regulations to allow
construction of 10 foot high, pre-cast masonry
buffer wall for a distance of approximately 230
linear feet along the north property line of the
Isles at Hunters run PUD.
Page 2
Board of Zoning Appeals
Meeting Agenda
February 12, 1996
Case #215
Location: Northwest corner of Summit Drive and Westlake
Drive.
Owner:
Summit Associates, Ltd.
Requested
Variance:
Request relief from Article III, Section 6.C.5
of Chapter 21 of th. City'. L_nd Development
Regulations to allow a size increase of 25%
for a directional sign in The Isles at Hunters
Run PUD from the allowable 16 square feet to
20 square feet.
Case #216
Location: Northwest corner of S.E. 1st Street and S.E.
23rd Avenue (111 S.E. 23rd Avenue) .
Owner:
Robert Simone
Requested
Variance:
Request relief from Section 6.A.3 of Chapter 2
of the City's Land Development Regulations to
reduce the required rear yard setback from 20
feet to 15 feet and to reduce the required
side yard setback from 30 feet to 5 feet.
H. Other Business
I. Comments by Members
J. 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 ev~?ence upon which
the appeal is to be based. (F,S. 286.0105) I
The City shall furnish appropriate auxiliary aids and services
where necessary to afford an individual with a disability an equal
opportunity to participate in and enjoy the benefits of a service,
program, or activity conducted by the City. Please contact Joyce
Costello, (407) 375-6013 at least twenty-four (24) hours prior to
the program or activity in order for the City to reasonably
accommodate your request.
MEH:dim
a:AgndBZAV.212
G.
NEW PETITIONS
CASE # 214
SUMMIT ASSOCIATES, LTD.
PLANNING AND ZONING DEPARTMENT
MEMORANDUM # 96-057
Staff Report
Board of Zoning Appeals
Meeting: February 12, 1996
Petition: Case No. 214
Location: Northwest corner of Congress Avenue and Summit Drive
Owner:
Summit Associates, Ltd.
Agent:
Kilday and Associates, Inc.
Variance
Request:
To allow construction of a 10 foot high pre-cast
masonry site wall for a distance of approximately 230
linear feet along the north property line.
BACKGROUND
The subject wall is to be located along the northern boundary of
the Isle at Hunters Run residential development next to the
communication area of the WXEL television station, see Location
Map - Exhibit "A". The applicant, Kieran Kilday of Kilday and
Associates - agent for Summit Associates, Ltd., is requesting a
zoning variance in connection with the site plan approval for a
new Planned Unit Development, The Isles at Hunters Run, that was
approved January 16, 1996, by the City Commission. The variance
would allow construction of a 10 foot high pre-cast masonry site
wall along the northern property line for a distance of
approximately 230 lineal feet, see site wall location - Exhibit
"B". The purpose of this site wall is to screen communication
facilities of the WXEL television station located just north of
the development.
The applicant states that the increased height is necessary to
limit the visibility of the large satellite dishes from their
residential development. He further states that the variance is
requested to allow the residential development reasonable use and
enjoyment of their property.
The following is a description of the zoning districts and land
uses of the properties that surround the subject request (see
Exhibit II A" - Location Map) :
North
Communication facilities of the WXEL
television station, zoned R (Recreational)
East
Right-of-way of Congress Avenue and farther
east, production facilities and undeveloped
land zoned M-1 (Industrial)
South
Undeveloped area zoned C-3 (Community
Commercial) to be developed as Isles at
Hunters Run and rezoned to Planned Unit
Development District (PUD).
West
Hunters Run subdivision zoned PUD.
ANALYSIS
Chapter 2 - Zoning, Section 4.J.2 of the City's Land Development
Regulations, states (in part) :
"... fences, hedges, and walls in other (than residential) zones
shall not exceed six (6) feet in height, above the finished
grade ..."
I
Page 2
Memorandum No. 96-057
Staff Report - Board of Zoning Appeals
The applicant is asking for relief from the height limitation of
the site wall to allow construction of a ten (10) foot high, pre-
cast masonry wall for a distance of approximately two hundred
thirty (230) linear feet. The purpose of this wall would be to
buffer telecommunication facilities, located just across the
northern boundary of the residential development - Isles at
Hunters Run, from the residential units.
The communication facilities of the WXEL television station
consist of three (3) satellite dishes and are located between
thirty-five (35) and forty (40) feet from the residential
property line. A 25 foot side yard setback has been applied to
the perimeter of the Isles at Hunters Run development.
Therefore, the total separation distance between the satellite
dish area and the developable areas of the subdivision is
approximately fifty-five (55) feet. Construction of the 10 foot
high site wall would limit visibility of these facilities.
It has to be noted that the City owns properties, used as
recreational facilities, north of the WXEL station. Planning and
Zoning Department staff contacted the Parks and Recreation
Department in regard to this variance request. They have stated
they have no objection to the increased height of the site wall.
Find attached, Exhibit "C" - the Applicant's Request for
Variance, Exhibit "D" - Survey and Exhibit "E" - Applicant's
Reasons for Requesting the Variance. The summary of facts is as
follows:
1. The Land Development Code limits the height of site walls to
six (6) feet above the finished grade.
2. The applicant is proposing a 10-foot high, pre-cast masonry
wall along the northern property line at the distance of two
hundred thirty (230) linear feet to screen adjacent
communication facilities.
3. The adjacent satellite dishes are approximately twenty (20)
feet in height, but can be adjusted to thirty-two (32) feet
in height, and are located approximately thirty-five (35)
feet from the north property line of the subject project.
4. According to the applicant, an allowable 6 foot high wall
would not properly screen telecommunication facilities for
lots 52 through 55, proposed within the Isles at Hunters
Run.
JL:dim
xc: Central File
Hunr-214.Stf
2-
71
LC'~ATION MAt
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10-FOOT HIGH SITE WALL
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NOTICE OF PUBLIC HEARIN~
NOTICE IS HEREBY GIVEN that the following application has been made to
the BOARD OF ZONING APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for
a hearing as indicated, under and pursuant to the pr ~.
zoning code of said City, fD) ~ ~.. ~3 "I" .: lli rm
Case #214 U\1 ~ ~ ~
Owner: Summit Associates, Ltd.
Requested
Variance:
PlANNING AND
ONING DEPT.
Request relief from Section 4.J.2. of C ap er 2 of the
City's Land Development Regulations to allow construction
of 10-foot high pre-cast masonry buffer wall for a
distance of approximately 230 linear feet along the north
property line.
Location:
Approximately 800 feet south of the intersection of
Congress Avenue and Palmland Road.
Legal
Description:
A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6;
THENCE, SOUTH 00000' 08" EAST, ALONG THE EAST LINE OF
SECTION 6, A DISTANCE OF 2263.81 FEET; THENCE, SOUTH
90000'00" WEST, DEPARTING SAID EAST LINE, A DISTANCE OF
60.00 FEET TO THE INTERSECTION THEREOF WITH THE WEST
RIGHT-OF-WAY LINE OF CONGRESS AVENUE FOR A POINT OF
BEGINNING (P.O.B.)
THENCE, SOUTH 00000' 08" EAST, ALONG THE WEST RIGHT-OF-WAY
LINE OF SAID CONGRESS AVENUE, A DISTANCE OF 757.68 FEET;
THENCE, SOUTH 00000'09" WEST, CONTINUING ALONG SAID WEST
RIGHT-OF-WAY LINE, A DISTANCE OF 1041.10 FEET TO THE
INTERSECTION THEREOF WITH THE BOUNDARY LINE OF SUMMIT
PLAT NO.1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 36, PAGE 48, PUBLIC RECORDS, PALM BEACH COUNTY,
FLORIDA; THENCE, SOUTH 90000'00 WEST, ALONG THE BOUNDARY
OF SAID PLAT OF SUMMIT PLAT NO.1, A DISTANCE OF 743.07
FEET; THENCE, NORTH 00000' 00" EAST, CONTINUING ALONG SAID
PLAT BOUNDARY, A DISTANCE OF 1687.50 FEET; THENCE, NORTH
90000'00 EAST, DEPARTING SAID PLAT BOUNDARY, A DISTANCE
OF 380.00 FEET; THENCE NORTH 00000'00" EAST, A DISTANCE
OF 111.28 FEET; THENCE, NORTH 90000'00" EAST, A DISTANCE
OF 363.09 FEET TO THE POINT OF BEGINNING (P.O,B.)
CONTAINING 29.71 ACRES, MORE OF LESS.
Use:
Buffer wall is to be located within the Isles of Hunters
Run Planned Unit Development; a proposed residential
development.
A PUBLIC HEARING before the Board of Zoning Appeals will be held
relative to the above application at City Hall, Commission Chambers, 100
E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, February
12, 1996, at 7:00 P.M.
All interested parties are notified to appear at said hearing in person
or by attorney and be heard or file any written comments prior to the
hearing date. Any person who decides to appeal any decision of the
Board of Zoning Appeals 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, CMC/AAE
CITY CLERK
(407) 375-6062
PUBLISH:
PALM BEACH POST
JANUARY 29 & FEBRUARY 5, 1996
c: City Mgr, City Attorney, City Commission, Files, Planning
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-028
TO:
FROM:
Sue Kruse
City Clerk
~jl
Tambri J. Heyden !~
Planning and Zoning Director
DATE:
January 17, 1996
SUBJECT:
Board of Zoning Appeals
Case No. 214 (Summit Associates, Ltd.)
File No. BOAV 96-001
Accompanying this memorandum you will find an application and
supporting documentation for the above-referenced case. A check in
the amount of $400.00 to cover the review and processing of this
application has been forwarded to the Finance Department.
The legal advertisement for this request will be forwarded to your
office after review by the City Attorney and City Manager. The
requested variance is scheduled for the February 12, 1996 meeting.
TJH:arw
Attachments
a: 191notic. Sum
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to
have a Legal Notice or Legal Advertisement published and must be
submitted to the Office of the City Attorney eight (8) working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT: Planning and Zoninq Department
PREPARED BY: Jerzy Lewicki
DATE PREPARED: January 11. 1996
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Zoninq Appeals
Hearing Notice for Case #214 (meeting February 12. 1996)
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Boarder, etc.)
STANDARD LEGAL AD
SEND COPIES OF AD TO: All property Owners within 400 feet of
property. applicant and Director of Planninq and Zoning.
NEWSPAPER(S) TO PUBLISH: To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined bv City Clerk
APPROVED BY:
(J~~aCJ iy-
(1)
;/19/'1'
, (Da!te)
(2)
(City Attorney)
(Date)
(3)
(Date)
(City Manager)
RECEIVED BY CITY CLERK:
COMPLETED:
A:LegalNotice,SUMMIT
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to
the BOARD OF ZONING APPEALS 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 #214
Owner:
Summit Associates, Ltd.
Requested
Variance:
Request relief from Section 4.J.2. of Chapter 2 of the
City's Land Development Regulations to allow construction
of 10-foot high pre-cast masonry buffer wall for a
distance of approximately 230 linear feet along the north
property line.
Location:
Approximately 800 feet south of the intersection of
Congress Avenue and palmland Road,
Legal
Description:
A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 46 SOUTH,
RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6;
THENCE, SOUTH 00000' 08" EAST, ALONG THE EAST LINE OF
SECTION 6, A DISTANCE OF 2263.81 FEET; THENCE, SOUTH
90000'0011 WEST, DEPARTING SAID EAST LINE, A DISTANCE OF
60.00 FEET TO THE INTERSECTION THEREOF WITH THE WEST
RIGHT-OF-WAY LINE OF CONGRESS AVENUE FOR A POINT OF
BEGINNING (P.O.B.)
THENCE, SOUTH 00000' 0811 EAST, ALONG THE WEST RIGHT-OF-WAY
LINE OF SAID CONGRESS AVENUE, A DISTANCE OF 757.68 FEET;
THENCE, SOUTH 00000'09" WEST, CONTINUING ALONG SAID WEST
RIGHT-OF-WAY LINE, A DISTANCE OF 1041.10 FEET TO THE
INTERSECTION THEREOF WITH THE BOUNDARY LINE OF SUMMIT
PLAT NO.1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 36, PAGE 48, PUBLIC RECORDS, PALM BEACH COUNTY,
FLORIDA; THENCE, SOUTH 90000'00 WEST, ALONG THE BOUNDARY
OF SAID PLAT OF SUMMIT PLAT NO.1, A DISTANCE OF 743.07
FEET; THENCE, NORTH 00000' 00" EAST, CONTINUING ALONG SAID
PLAT BOUNDARY, A DISTANCE OF 1687.50 FEET; THENCE, NORTH
90000'00 EAST, DEPARTING SAID PLAT BOUNDARY, A DISTANCE
OF 380.00 FEET; THENCE NORTH 00000'0011 EAST, A DISTANCE
OF 111.28 FEET; THENCE, NORTH 90000'00" EAST, A DISTANCE
OF 363.09 FEET TO THE POINT OF BEGINNING (P.O.B.)
CONTAINING 29.71 ACRES, MORE OF LESS.
Use:
Buffer wall is to be located within the Isles of Hunters
Run Planned Unit Development; a proposed residential
development.
A PUBLIC HlilARXNQ before the Board of Zoning Appeals will be held
relative to the above application at City Hall, Commission Chambers, 100
E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, February
12, 1996, at 7:00 P.M.
All interested parties are notified to appear at said hearing in person
or by attorney and be heard or file any written comments prior to the
hearing date. Any person who decides to appeal any decision of the
Board of Zoning Appeals 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
(407) 375-6062
PUBLISH:
a:Legalnotice.Summit