REVIEW COMMENTS
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I run into some principal difficulties e processing a zbning variance PaY- ^~
application for M. Bowden's Pen Apartments. 6fY
First, I read the entire applicaf n and to my surprise I have not found in the
application anything that wo d tell me what variance are they asking for. I
think we should re-do our pplicatioI! form to add VARIANCE REQUESTED
question. But that was only a little prelude to further, more serious
concerns. After reading this application several times back and forth and
between the lines and also communicating with Mi ., I found out that
they actually want a variance from a definition Horer partment.
The definition allows only one/third of units to b Jpped with kitchen -
they want 1000/0 units with kitchens. Let me draw y u a little sketch to
illustrate the problem.
TAMBRI:
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APARTMENT
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MOTEL APARTMENT
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Once we cross the line of 1000/0 percent units w/kitchens we can no longer
call the complex a motel apartment business, it is going to be an apartment
complex.
And here are my more serious concerns:
-I have never processed or heard about a zonina variance from a
definition. It should be done by a code amendment, but it wouldn't
make any sense because, we would, de facto, eliminate the MOTEL
APARTMENT definition. All it is, is to circumvent the density problem
for apartments and try to call it another way, and they do it
inconsistently, since even their site plan drawings refer to apartments.
-If the variance will be granted, which I think it shouldn't, the city may
be accused to be guilty of manipulating its own code definition and will
set a dangerous precedent th . allow to call a multifamily complex
a single-family because it i nvenient for r for somebody eLse at
the time, or some other nonsense. "----- .~~ )4-- ~ ~
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Tambri, If I ma to continue working on this "zoning variance" applYcation, I ~
need some firm directions frorttYou or ~s I am totally lost here and
because my 16-year experience in this business tells me that would be not
right and illegal.
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MOTBL APARTMBRT - Any motel building containing a mixture of
sleeping rooms and apartment suites for transient guests only,
and which shall not serve as the primary or permanent residence
of the occupants. Buildings designed as motel apartments shall
have not more than one-third of the total units devoted to
apartment suites. Dining rooms and lounges shall be permitted as
accessory uses.- Motel apartment suites shall have a minimum
gross floor area of five hundred (500) square feet.
MULTIPAMILY DNBLLING - A building or other' shelter that has
been divided into separate units to house more than one (1)
family.
NURSERY SCHOOL ARC/OR PRESCHOOL PACILITIBS - A supervised
training and/or socializing center for children.
NURSING BOMB OR COJIVALBSCBNT BOMB - A residential facility
which is included under the definition of "nursing home
facility", "facility", or "related health care facility home" as
set forth in Chapter 400, Part I, Florida St.tutes, except that
this definition shall apply to facilities of any capacity.
OCCUPATI~ LICBRSB - A license to operate a business,
profession, occupation or other operation within the city limits,
which is issued in accordance with Chapter 13 of the City of
Boynton Beach Code of Ordinances.
OFF-PRBMISBS SIGB - A sign advertising an establishment,
merchandise, service or entertainment, which is sold, produced,
manufactured and/or furnished, at a place other than the property
on which said sign is located.
OFF-PRBMISBS STORAGB - Storage which is not located on the
same parcel as the principal use to which such storage is an
accessory use.
OH-PRBMISBS - At the place of business of a particular use,
including the entire lot or parcel and any structure thereon, as
opposed to on the customer's premises.
OR-PRBMISBS SIGII' - A sign or sign device, indicating the
business transacted, services rendered, goods sold or produced on
the premise., including the name of the business, person, fi:rm or
corporation occupying the premises. Such sign shall be located
where the use, for which the sign is identifying or advertising,
is located.
OPBH SPACB - A required exterior open area clear from the ground
to the sky devoid of residential and commercial buildings, and
accessory structures.
OUTFALL - A pipe which discharges treated stormwater into
waterways.
AdOp~.d April 4. 1"5. Ordlo.oc. 0'5-02
...,i..d
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