LEGAL APPROVAL
100 'E. 'Boynton 'Beadi 'Bouievartf
P.O. 'Bo~31O
'Boynton 'Bead;', %:nitia 33425-0310
City:Jfa[[: (407) 375-60()()
1'j1lX: (407) 375-6090
March 28, 1997
Bradley D. Miller, AICP
Charles Putnam & Associates, Inc.
4722 N. W. Boca Raton Boulevard, Suite C-l 06
Boca Raton, FL 33431
Case No.:
Shoppes of Woolbright, Lots 1 and 2
(Discount Auto and Food Court)
BZA V 96-012
Case # 228
East side ofS,W. 8th Street
Re:
Location:
Dear Mr. Miller,
Enclosed is the corrected City of Boynton Beach Development Order regarding Board of Zoning
Appeals approval of your variance request for reduction of setbacks for the above mentioned
properties.
Should you have any questions regarding this matter, please fee free to contact this office at (561)
375-6260.
Sipcerely,
1, {,'z~.j,J ;h.<t u(
---:I. '-'
tambri J. Heyden, AICP
Planning and Zoning Director
TJH:dar
Attachment
xc: Mike Morton
Central File
S:\PLANNING\SHARED\ WP\PROJECTS\SHPSWOOL\BZA V\DEVELORD,WPD
.9lmeri1;as gateway to tfie gulf stream
---- -------~----
fJ1u City of
'Boynton 'Beach
March 4, 1997
100 'E. 'Boynton 'BetUh 'Boukvarri
p.o. 'B0i(310
'Boynton 'Beadi, :Ff.oritfa33425-0310
City !J{afI: (561) 375-6000
:F.9IX: (561) 375-6090
Bradley D. Miller, AICP
Charles Putnam & Associates, Inc.
4722 N.W. Boca Raton Boulevard, Suite C-106
Boca Raton, FL 33431
Re:
Case No.:
Location:
Dear Mr. Miller,
Shoppes of Woolbright, Lots 1 and 2
(Discount Auto and Food Court)
BZA V 96-012
Case # 228
East side ofS.W. 8th Street
Enclosed is the City of Boynton Beach Development Order regarding Board of Zoning Appeals
approval of your variance request for reduction of setbacks for the above mentioned properties.
Should you have any questions regarding this matter, please fee free to contact this office at (561)
375-6260.
Sincerely,
Jt-rd~ -J,iJe-r
Tambri J. Heyden, AICP
Planning and Zoning Director
TJH:dar
Attachment
xc: Mike Morton
Central File
D:\SHARE\ WP\PROJECTS\SHPSWOOL\BZA V\DEVELORD, WPD
.:4~riaz s (jateway to tfu (julfstream
t
~~
~
Prepared by: James A. Cherof, Esq,
City Attorney, City of Boynton Beach
P.O, Box 310
Boynton Beach, FL 33425
CITY OF BOYNTON BEACH
BOARD OF ZONING APPEALS
rur0'-~~:-~7rY:' 11 \W ~. r
I ! " '^"";-"~';"'lll
j fi ' I Ii
! I, . ~ 11
U U ? 8 1997 I L.:
I L_,_..___~"., J
! rLN.1Nf~JG MJD
L Zur'jiNG flEPI
-_.._-_.-..._---~.;;:-..:;..,
ORDER GRANTING RELIEF
IN RE:
Case No. 228
SHOPPES OF WOOLBRIGHT (Discount Auto and Food Court)
East side of SW 8th Street approximately 300 feet north of the intersection
of SW 8th Street and Woolbright Road
Boynton Beach, FL
The Appellant, Howard R. Scharlin, through his agent Bradley Miller, appeared before
the Board of Zoning Appeals on February 20, 1997 and requested Relief from the City
of Boynton Beach Land Development Regulations, Chapter 2, Section 6.F,7,e, to allow
a reduction of the following setbacks:
. rear yard setback of the proposed Lot 1 from 40 feet to 24.83 feet;
. northern side yard setback of the proposed Lot 1 from 30 feet to 28,5 feet
. northern side yard setback of the proposed Lot 2 from 30 feet to 15 feet
Based on the testimony of Bradley Miller, and the evidence presented, the Board
finds that a basis for relief has been established. Accordingly,
IT IS ORDERED THAT:
The request for Relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Sectio 6,F.7,e. I ware ction of setbacks as outlined
above is hereby granted.
DATED: J19h'/
,
( i'
, 'I
Patti Hammer, Chairperson
ATTEST:
~~~-~/~
Cit Clerk
~
Prepared by: James A. Cherof, Esq.
City Attorney, City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425
CITY OF BOYNTN BEACH
BOARD OF ZONING APPEALS
IN RE:
ORDER GRANTING RELIEF
Case No. 228
SHOPPES OF WOOLBRIGHT (Discount Auto and Food Court)
East side of SW 8th Street approximately 300 feet north of the intersection
of SW 8th Street and Woolbright Road
Boynton Beach, FL
The Appellant, Howard R. SCharlin, through his agent Bradley Miller, appeared before
the Board of Zoning Appeals on February 20, 1997 and requested Relief from the City
of Boynton Beach Land Development Regulations, Chapter 2, Section a.F,7.e. to allow
a reduction of the following setbacks:
I
. rear yard setback of the proposed LotXfrom 40 feet to 24.83 feet
. northern side yard setback of the proposed Lot 1 from 30 feet to 28.5 feet
northern side yard setback of the proposed Lot 2 from 30 feet to 15 feet
Based on the testimony of Bradley Miller, and the evidence presented, the Board
finds that a basis for relief has been established. Accordingly,
IT IS ORDERED THAT:
The request for Relief from t I 0
Regulations, Chapter 2, Section a.F. .e. t,o al
above is hereby granted.
DATED: df~5h;7
. ,
ltJ 0~. 7
~ II ~1U{1
( vCj cL;vi
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
FEBRUARY 20, 1997
Election of Vice Chairperson
Mr. Rappoport nominated James Miriana as Vice Chairperson,
Ms, Hammer nominated Agnes Hollingshead as Vice Chairperson.
Motion
Mr. Rappoport moved to close the nominations, Ms, Hammer seconded the motion which carried
unanimously,
The vote was polled for James Miriana, The vote was 4-1, (Ms, Hammer cast the dissenting vote,)
Ms, Hammer presided as Chairperson over the remainder of the meeting.
Ms. Hollingshead. along with the other board members, thanked Vice Chairman Miriana for all of
his good work and the service he provided to the board members,
6. OLD BUSINESS
None.
7. NEW BUSINESS
PUBLIC HEARING
Case No. 228
Project:
Location:
Shoppes of Woolbright (Discount Auto and Food Court)
East side of SW 8th Street approximately 300 feet north of the
intersection of SW 8th Street and Woolbright Road
Howard R. Scharlin
Owner:
Requested
Variance:
Relief from Section 6.F.7,e of Chapter 2 of the City's Land
Development Regulations to allow a reduction of the following
setbacks:
.
rear yard setback of the proposed Lot 2 from 40 feet to 24.83 feet
northern side yard setback of the proposed Lot 1 from 30 feet to
28.5 feet
northern side yard setback of the proposed Lot 2 from 30 feet to 15
feet.
.
.
Chairwoman Hammer read the request.
2
MEETING MINUTES
BOARD OF ZONING APPEALS
BOYNTON BEACH, FLORIDA
FEBRUARY 20, 1997
Bradley Miller, agent for the applicant, explained that they are requesting three variances for two
proposed buildings within the Shoppes of Woolbright PCD. This is an outparcel at the northeast
corner of Woolbright and SW 8th Street. Mr, Miller used drawings to display the parcels, Burger
King is currently under construction on the parcel which is located at the corner of Woolbright and
SW 8th street. The proposed Discount Auto will be on Lot #1, and a Food Court building will be
on Lot #2 which is the northern portion of the tract.
All of these variances are based on applying the building setbacks for a PCD development. To the
east of Discount Auto is the parking for the Home Depot building, There is approximately 600 feet
between the proposed buildings and Home Depot. On the north side, the Food Court is adjacent
to the public access for the commercial development. Using the drawing, Mr, Miller pointed out the
parking area in front of Home Depot and advised that there is a recorded document which
establishes the parking area to be a common area for parking and cross-access for all of the uses
within this development.
In the opinion of the applicant, approval of the requested variances will still allow the setbacks to
meet the intent of the PCD, Setbacks are established to provide open space and separation
between buildings, and adequate light and air between buildings, The applicant feels this will still
be accomplished if the variances are granted,
Mr, Miller explained that these projects are scheduled to go before the City Commission for site
plan approval on March 4, 1997, Variance approvals are necessary for these applications to go
forward,
In response to Chairwoman Hammer's question, Ms. Heyden advised that City staff does not make
recommendations with regard to Board of Zoning Appeals cases, However, they provide as much
data as is necessary to guide the members, Staff has no objection to these variances,
Mr. Miller explained that there will be two entrances; one entrance will be between Burger King and
Discount Auto, and the second will be between Discount Auto and the Food Court,
Ms, Hollingshead thought the variance for the Food Court would not be necessary if the building
could have been set on the lot with the shape of the building rotated 900.
Mr. Miller said the initial submittal of the site plan for the Food Court did have the building rotated
900, It would have required a variance on the rear side of the building. However, there were
concerns with regard to loading and unloading waste from behind the building. This design was
implemented to satisfy those comments from City departments,
Motion
Mr, Rappoport moved to approve the proposal for the Food Court variance and the Discount Auto
variance as Case #228, Ms. Hollingshead seconded the motion which carried unanimously.
3
roJ~@~U~~
\L~ FEB I 0 1991 \!U
, PL{1,NNING AND
! ZONING DEPl
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 #228
Owner:
Howard R. Scharlin
Requested
Variances:
Variances to Section 6.F.7.e. of Chapter 2 of the City's Land
Development Regulations are requested to allow reductions of
the following setback requirements:
. rear yard setback of the proposed Lot 2 from 40 feet to
24.83 feet
. northern side yard setback of the proposed Lot 1 from
30 feet to 28.5 feet
. northern side yard setback of the proposed Lot 2 from
30 feet to 15 feet.
Location:
East side of S. W. 8th Street approximately 300 feet north of
the intersection of S. W. 8th Street and Woolbright Road.
Legal
Description:
A portion of TRACT 'C', SHOPPES OF WOOLBRIGHT P.C.D.,
according to the plat thereof as recorded in Plat Book 65,
Pages 137 and 138 in the Public Records of Palm Beach
County, Florida, more particularly described as follows
(proposed lot 2):
Commencing at the Northwest comer of said Tract 'C', thence
Southeasterly along the West boundary of said Tract 'C', and
the arc of a curve concave to the Southwest (radialUne to said
point bears N84019'00''E), having a radius of 1851.74 feet, a
central angle of 03047'12", an arc distance of 122.38 feet,
Chord Bearing of S03047'24"E, and chord distance of 122.35';
to the POINT OF BEGINNING; thence N89050'25''E, along a
line 122.11 feet South of and parallel with the North boundary
of said Tract C, for a distance of 169.89 feet to a point on the
. East boundary of said Tract C; thence SOOo09'35"E, along said
East boundary, for a distance of 162.00 feet; thence
S89050'25'W, along a line 284.11 feet South of and parallel
with the North boundary of said Tract C, for a distance of
165.89 feet to a point on the West boundary of said Tract C;
thence N01033'47'W, along said West boundary, for a distance
of 151.26 fed; thence with a curve to the left, having a radius
of 1,851.74 feat, a central angle of 00020'01", an arc distance
of 1 0.78, a Chord Bearing of N01043'38'W, and a chord
distance of 10.78 feet to the POINT OF BEGINNING.
Said lands lying and situate in the City of Boynton Beach, Palm
B'each County, Florida, containing 27,196 square feet, 0.624
acres, more or less.
Page 2
Discount Auto Parts
Case #228
TOGETHER WITH:
A portion of TRACT 'C', SHOPPES OF WOOLBRIGHT
P.C.D., according to the plat thereof as recorded in Plat Book
65, Pages 137 and 138 in the Public Records of Palm Beach
County, Florida, more particularly described as follows
(proposed lot 2):
Commence at the Northwest corner of said Tract "C"; thence
with the Northerly boundary of said Tract "C" N89050'25''E
distance of 177,64' to the Northeast corner of said Tract "C";
thence with the East line of said Tract "C", SOOo09'35"E a
distance of 122.11'; thence parallel with the Northerly boundary
of said Tract "C", S89050'25'Wa distance of 169.89'; th~nce
with the West line with a curve to the left, having a radius of
1851.74', a central angle of 03047'12", an arc distance of
122.38', a chord bearing of N03047'27'W and a chord distance
of 122.36' to the POINT OF BEGINNING.
Said lands lying and situate in the City of Boynton Beach, Palm
Beach County, Florida, containing 21,137 square feet or 0.49
acres, more or less.
Use:
An auto parts store and a fast food restaurant proposed within
the Shoppes of Woolbright PCD (Planned Commercial
Development).
A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above
application at CiW Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton
Beach, Florida, on Thursday, February 20, 1997, 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
(561) 375-6062
PUBLISH:
THE POST
FEBRUARY 10, 1997
d:\share\project\dilcauto\lgI228, wpd
CC: City Gommission
City Attorney
City Manager
Planning Director
Applicatants File
Page 2
Discount Auto Parts
Case #228
TOGETHER WITH:
A portion of TRACT 'C', SHOPPES OF WOOLBRIGHT
P.C.D" according to the plat thereof as recorded in Plat Book
65, Pages 137 and 138 in the Public Records of Palm Beach
County, Florida, more particularly described as follows
(proposed lot 2):
Commence at the Northwest corner of said Tract "C"; thence
with the Northerly boundary of said Tract "C" N89050'25''E
distance of 177.64' to the Northeast corner of said Tract "C";
thence with the East line of said Tract "C", SOOo09'35"E a
distance of 122,11'; thence parallel with the Northerly boundary
of said Tract "C", S89050'25''W a distance of 169.89'; thence
with the West line with a curve to the left, having a radius of
1851,74', a central angle of 03047'12", an arc distance of
122.38', a chord bearing of N03047'27''W and a chord distance
of 122,36' to the POINT OF BEGINNING.
Said lands lying and situate in the City of Boynton Beach, Palm
Beach County, Florida, containing 21,137 square feet or 0.49
acres, more or less,
Use:
An auto parts store and a fast food restaurant proposed within
the Shoppes of Woolbright PCD (Planned Commercial
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 Thursday, February 20, 1997, 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
(561) 375-6062
PUBLISH:
d: Isharelproject\discauto\LgI228. wpd
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 Zoning Department
PREPARED BY: Jerzy Lewicki
DATE PREPARED: February 6. 1997
BRIEF DESCRIPTION OF NOTICE OR AD: Board of Zoning Appeals Hearing Notice
for Case #228 (meeting February 20. 1997 ): Discount Auto/Food Court - Shoppes of
Woolbright PCD
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 Planning and Zoning.
NEWSPAPER(S) TO PUBLISH:
To be determined by City Clerk
DATE(S) TO BE PUBLISHED: To be determined by City Clerk - no minimum requirements
are set forth by code
APPROVED BY:
(1) J'H!-f,.~'-?r ;tJ{;/d..t ,-
(Department Head) ." f/
.2/t-/97
(Date) I I
(2)
(City Attorney)
(Date)
(3)
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
d:\share\project\discauto\lgI228, wpd
PLANNING AND ZONING DEPARTMENT
MEMORANDUM NO. 96-673
TO:
Sue Kruse
City Clerk
Tambri J, Heyden. AICP~
Planning and Zoning Director
FROM:
DA TE:
February 6, 1997
SUBJECT:
Board of Zoning Appeals
Case No. 228 (Discount Auto Parts/Food Court - Shoppes of Woolbright
PCD)
File No. BZAV 96-012
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 20,
1997 meeting.
I've discussed with the city attorney that there no longer are specific advertising
requirements in the code and your past concern that we advertise the same way we've
advertised in the past. He did not have a concern with this and in lieu of adopted
requirements suggested advertising in the paper and notifying property owners 10 days
prior to the meeting. Therefore, notices should be postmarked and the ad should appear
in the paper on February 10, 1997,
T JH:bme
Attachments
d:\sharelprojectsldiscauto\lgI228. wpd