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AGENDA DOCUMENTS AGENDA DOCUMENTS PLANNING AND ZONING DEPARTMENT MEMORANDUM #97- 041 Staff Report Board of Zoning Appeals Meeting Date: February 20, 1997 Petition: Case No. 228 File No: 8ZAV 96-012 Location: Northeast corner of S.W. 8th Street and Woolbright Road (a part of Tract "C" of Shoppes of Woolbright PCD, approximately 300 feet north of Woolbright Road) Owner: Howard R. Scharlin, Trustee Project Name: Discount Auto Part store and Food Court restaurant Variance Request: 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 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. BACKGROUND The subject property, a portion of Tract C within the Shoppes of Woolbright PCD, is located on the east side of S.W. 8th Street, 300 feet north of the Woolbright Road and S.W. 8th Street intersection (see enclosed Exhibit "A" - Location Map and Exhibit "8" - Survey). The zoning designation of the property is PCD (Planned Commercial Development). The following uses are proposed: . A Food Court restaurant - at the northern part of the northern portion of Tract C, (proposed Lot 2), . Discount Auto Part store - at the southern part of the northern portion of Tract C, (proposed Lot 1). A 15 foot, northern side yard setback is proposed for the Food Court restaurant as opposed to the required side yard setback in the PCD zoning district of 30 feet. The proposed Discount Auto Part store location, as shown in Exhibit "C" - site plan, violates both side yard and rear yard requirements: -proposed side yard is 28.5 feet (required side yard - 30 feet) -proposed rear yard is 24.83 feet (required rear yard - 40 feet) Page 2 Memorandum No. 97-041 Discount Auto and Food Court Case No. 228 Staff Report - Board of Zoning Appeals The following is a description of the zoning districts and land uses of the properties that surround the subject property: North - Major ingress/egress access aisle to the Shoppes of Woolbright PCD and farther north is vacant land, zoned PCD East - Home Depot, zoned PCD West - Right-of-way of S.W. 8th Street and farther west is Cracker Barrel restaurant, zoned PCD South - Vacant land, zoned PCD (approved for a Burger King). ANAL YSIS The City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning sets out the following setback requirements for properties zoned PCD: . front - 40 feet . rear - 40 feet . side - 30 feet As shown on the proposed site plan and the variance application (see Exhibit "C" - Site Plan and see Exhibit "D" - Application), both buildings are proposed to be constructed in violation of the above setback requirement. This assumes the property will be subdivided into separate lots for each of the referenced uses (see Exhibit "B" - Survey). The applicant is going forward with these variances and concurrent site plan approval under this assumption, although there is a possibility the property will not be subdivided. According to the petitioner's statement (see Exhibit "E" - Statement of Special Conditions) the hardship on the property was imposed when the property and its vicinity was rezoned from the less restrictive C-3 (Community Commercial) zoning district to the more restrictive PCD (Planned Commercial Development) district. If the zoning designation would have remained C-3 the required setbacks for the proposed two lots would be as follows: . front - 20 feet . rear - 20 feet . side - 15 feet As a point of information, the property, as part of the rezoning of a large surrounding area to the north and west, was rezoned to a planned district to allow the city through the master plan approval process to more closely control the development of the property to ensure a unified design and increased landscaping, buffers and setbacks. The master plan limitations imposed on both proposed lots with regard to the maximum size of structures are met, as the proposed gross floor area of both buildings does not exceed the approved gross floor area of either building. However, because of the proposed parking and building layout, the setback areas to be reduced, face large parking areas and will receive foundation landscaping in an attempt to minimize any effects of the building locations. xc: Central File D:\SHARE\WP\PROJECTS\D1SCAUTO\ZON-VAR.WPD EXHIBIT "A" LC. ~AT\ON MAP SHOPPES OF WOOLBR\GHT FOOD COURT AND DISCOUNT AUTO PART STORE ~. j ~t:-I;.t , H ,_ \%~~ ~:,.,~....~r tl~~PJ,ll;!! ; I' I .. T1. . ! ....rrTn' l' 1~1'~ IJ I (~Fl'1'A~"I' . lU~J. . I ~ .l' II U~i, l-r:l~ ~\ ,,"ibLJ~ a , .t:! \ ,.' ( ..,., rn-tT--l el:l\+n I." .1\ '1\V~':(""~ _\..1F4;;7-I! 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", . ,~f : ,.(\ : : ; ; 'nT ' It'll' /: 7"'-'.1 · .t :: iI" "YTl ; .. ., \. 1"". : . . .~. . ~ ; '. .."...,I...... '" ; It tlj -I " n...l.. . d:. .:b t . u,..' . ~. .. '. \! .~.::), t lIf~ .11 11.. ~r;IF;q . f @..; i ' 1\ \ 'i ' . , ; .', ,. . I . . l. ~ I'. .r Iii. _ if I I I II 1 r _ ,j ~ _ ___." " _~~--T~' ~ I~ J T".IffiD' . . 11' 'Q.l!~ \. -~ l .1. 1 ~nJ [Ii ',fl.1 T 1 _ . _. . ,I" E " ,~ . I L r I 1 ; ..Y , J'. If '""",'" . , . - I . ; - I · " \i .' :t i !, C. ";' '. " I · f r - l' rn 1 './. " \! '~;i ~/;/ .". :JJJr:::rrr rr-rr., '1- ifl"~" i1 h .\. . ...\ ..' fl/'l . \. ffil J h'l,I"} f R~' II .. I\PU1C .' ji:. PU \ ~ ,. I .Eli ~l I , il . ~ il/!! ,; I 'rl~ ;" i\ ; T 1: \ i EXHIBIT "B" \ I \ \ ~I ~, I ~ I I ~"'I , \ ,., 3: ....~.,., " "CON.s "...=....f.,. , .sl P 10 I"i r<) ll!\ ..,. CD r<)"" a 0....__0 N N 1/ n II i 1<] a:::-Im \ ~' ~ '" .s III "" a \r- IW \ ti ~ ,\- \If) N -:. ..'" 47,74"~ ..." SBB'26'lJ"W .~ .. ... I . l~ .', I I 1,. ~.~ r '~# ,.~ ,.' .." '~.. ~., " ... ,.-1' ,..' ~ ,;f ~ .~ .. ~~ :-.,. \ ~ I t I ~ ~ ex: 1-. r<) ~~15~f. 01>' ,.... co - 01 ISci ~ A.. UN o WO j;"l oai I-~ ...<P >- d <...... ~::t: lu ISiS lal !i:z ClO ii:~ ..."'o~ COal ....., ...-f' 3 (j) PROPOS[lJ 2r INGRtSS/EGRESS EASDlEHT SO' NB9'50'25" E P,O.B. t::. - oa57'51" R - 1851,74' L - 31.16' N89"50'25" E NOIl'TH UNE OF "lIlM:T 'C' -- I"i r<) .... CelST, GATE VAlVE A - o:r47'12" R - 1851,74' L - 122.J11' CB: NOJ'4r2Tw, I 22,3S' Proposed LOT (21,137 ... 11.) , iJAN. N.H. Hol6.l0 GONCRETE \/,INV,-IO.71 UGHT POlE TLiCTRIC- - - - - - - - - [SERVICE N89"SO'25"E '<'.p R - 18S1.74' L - 10,7'" '.- _ 9!:. !!J!!' 4;L......!., !!!1":"- - HR. SIll" ~.: 2.72' S, LB, 13300 r ......'- . . ,r I'AUI llIO: .'2""'" lIl" .12' 'AUllllr:I .", ,..... IIIU CRASS IIEOM 2 177.64' 2' CONe, YAU..EY GUTTER I f . ; ~ ~ , FNO. 5/11" I.R. .. CJI' LB. '3432 FNO, SIll" I,R. ae CJI' 'STNlLEY" N,E. CORNER OF 1RACT 'C' - N ~ ... ... i> .. ,.; 169,89' . . OJ c,"'''' · :! .," .r ~~,.E[ ---"If""------ ...er ...t). FNO, SIll" I.R. ae CJI' LB, '3300 I '"~ .,. .. ,..f $ lio ~,. l~ 1- Ill) I- i ..~ ~ J .. Cl , '~ ~ 1 'It ," ,:1 ,. 1-- ,0 IZ ;-..0 .'!> , Proposed LOT 1 ..... , '# ..". . 10" PAlM TREE .,er ..... "'" (27,1" ...11.) ~$ . ....fW'O .." I ~ OEAD [NO r SIGH POSTS ~ (rIP.) ~ ~ .:- :' S89"50'25"w ~ ':t ~." ~ , I I lCOHCRDE II> LICHT POlE ~ I .pl\'- ,,'" ELECTRIC I SERVICE I i FNO. sIr LR, ! ~ I .. CJI' '3JOO 11\ RElMlNOER OF TRACT 'C' P." 6S. PG. 137 .. 138 (VACANT) :-." :-~ .....,' ...~~ .,,,~.,~.... ~~ Q:U w ~1S to ~~ b !.'l 0 ri m lD 0 ~.<3> ....~ - b ...~....,. ... .,~ 0 5 , (J) ::I I ~ .. ~ .. 0 .....,' ';><1' ~. ...... ,. I ! .....,. 0" ~~_!"., ot1 I I ! .. .",....p ~ 'If' 0 00. 5/11' ..:, ~ ' .' .. CJI' LB. '3300 I I ....e: .'~ ....... 165.89. ..."" EXHIBIT "C" ,-. I" . f.:...:..!l .r.._._ .' '..1 ' ~. '. ... ~ - II \ ~I \~\g I \ I \\::.\ 11\ 1\1- \ III \ II' \1 \ '\'\ III \ \, III \ II, I,' \ \,, \\\ 1,1 III II' CD \/ ' \\\ \ ~\ , '(~,w~ ~~ ~' -rD 19 l)) 54', ~ y~~ ~ 'Z>' 40 28.t;;' \ \ @ V~A1Uce ~M 4t:> I --r~ 2+.8~' ~~ '~ -:.~ "2:.====.==.=-===-~=====-.::=:=:-==========:=::==:=.:==-:::=====-==---::::=::~=:=::..::::::::..:. '\..Homel5epoCEnfrClnce . I \ ~ ~ \ ~ hI ~ (jl \ N89 '50'25 "E 769.89' ~ LOADING FOR OTHERS ~ \ t ..... ..... DISCOUNT AUTO ...::> -tt1"m_-- 6,492 sf z.. I @ .0'" ."~m ""I: 4 83' 0 -_.~ 6. 6. 54' \ \\ \ \ ,,\ U' Ii' " \\ I' II '\ \, _ Ii " \' .\ " \ \1 -r i I II II ii I' 'I II \' II " II \\ Ii :\ II 'j II II " II " " I' ,I Ii II I' ,I II II II J:: -+--' cD ~I . .' ;. :....:;:-:;;;;;~:;;:c~:;;;;;;;;-~;:;-~~;~~c.;;;~;~.;-~:;;m:'5G'~'i;;;;;;;;;i#-6-f;;:;-':;;O:;;;:;:;:C;;;;;"';-";;;;-";~~;;;;;~~;;;;;'..., ,;::;;;;;,:;;;:;;:;;;~.;;;;;. ;;;;;;;;~.;;;~.~;;;;;;. ( ~ i" ""M'~ m" Q). \ Ii i -'''''' ") .................ol". Jb 'i ~ ~ ~ > ~ ~ Cl ~ -.J FOOD COURT 3,710 sf , . 5: en l" '" !'> '" p <> <> '" SID(VA(.K 6. 6. " '" '" ... ~ ~ ~ I I . - . - - -.- .._-- -..--.-.. --_.- I \. EXHIBIT "D" CITY OF BOYNTON BEACH BOARD ,OF ZONING APPEALS VARIANCE APPLICATION \ Submittal Deadline: See schedule of dates for Board meetings and submittal dates Please print (in ink) or type Submittal date: ~M~ '2, ffltp 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): ~ I,L I/.H ---:/~~ "f" (A..Q)~IC'J" , Property involved is described as follows: Lot (s) 16~VM.J ("")F I~ C- I k bd' , , (~ *r~ ~A-L- \ B oc , Su lV1Slon ~~2'lrrlC:VU.J Plat Book (be:;;, Page I~I n7:Jb or otherwise described as follows: /7 I Property Address /I~l>f>ec; e:Jp ahr:;,-~e/61.!T Pc.J> - -r ~ L- 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-hundredth (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. Us~ 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 recorded 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 aD aqent is submittinq the petition, a notarized coPY of a letter designatinq 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 type) : A. That special conditions and to the land, structure or applicable to other lands, zoning district; circumstances exist which are peculiar building involved and which are not structures or buildings in the same Page 2 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. An application fee in the amount of $ 400.00, payable to the City of Boynton Beach, must accompany a completed application. The $400.00 application fee covers a request to vary one (1) section of the Code. Seeking relief from more than one section of the Code will require payment of $100.00 for each additional Code section. ~~ ,2. 41.IAe-i../i<J 7 . Name and address of owner: /.~ tV /~ - AVe:r :d:-4,a,o ;,,/1/; 4? I, Ft- ?'?/"70 , 8. Name of applicant: 1S?Ab/~ ~/(~/2C? A-/~~ ~ ~L~ p~AfA,dr I ~. Applicant's address: 4'J'ZZ- AJw ~A ~-1AJ 13t...l/b 2f: e/~~ Applicant's phone #: ~1/914--d4--/1 ~~ ~dJ,FL. Date: /Z~/-z- t16. Signature of APPlicant:~~,. ~/ ------------------------------------------------------ ---------------- To be completed by the Building Official or Representative 1. Property is presently zoned: pcD Formerly zoned: 0-3 2. Property Control Number: 3. Denial was made upon existing zoning or sign requirements (list sections[s] of Code from which relief is required): L()e.. I CMAfTE42. ~, ~ ~t:7 N 6. F. 1 e 4. Nature o~ exception or variance required: V^RJ~Nce:- J:=Ml1 -t;t!"f&AOl ~~I~t1E:tJ1'? Date: rEf'> · ~ -r Permi t denied: y Building Department ~28 Meeting Date: '::ee~.A,(Of '2.(J '17 5. Case Number: ----------------------------------------------------------------------- To be filled out by Board BOARD OF ADJUSTMENT ACTION: Approved Aye Denied Nay Stipulations: Signed: Chairman EXHIBIT "E" . CHARLES PUTMAN & ASSOCIATES, INC. LAND DEVELOPMENT CONSULTANTS PLANNING I ZONING I PERMITlING I Sboppes ofWoolbrigbt - Tract C Variance Application Summary & Justification January 24,1997 uu .Ii Ifl ? i ' PLANNING AND ZONING DEPT. ;.., ,~ , This application requests variances to internal building setbacks for the proposed Food Court and Discount Auto buildings currently being reviewed for Site Plan approval. These buildings will be constructed within Tract C of the Shoppes of Woolbright PCD project. Provided below is a table outlining the pcn setbacks being applied to these buildings, the proposed setbacks and the requested variance dimension. Also provided is an exhibit illustrating the location of the Food Court and Discount Auto buildings in relation to the parcel lines. arlance ummary a e Building Required Provided Requested Variance Buildin2 SidelY ard Setback Setback Variance I Food Court North/Side 30 ft. 15 ft. 15 ft. 2 Discount Auto North/Side 30 ft 28.5 ft. 1.5 ft. 3 Discount Auto East/Rear 40 ft. 24.83 ft. 15.1 7 ft. v s T bl The building setbacks that require these variances are on internal boundaries of Tract C where the overall PCD setbacks are being applied. These setbacks areas will be adjacent to either a common driveway between the two parcels, the entrance driveway, parking area for Home Depot which have been established by a recorded agreement to be common areas for parking and access for use by all of the tenants of the PCD project. The setback areas for variance I and 3 will contain landscaping that when added to the existing landscape areas will provide significant buffering along the parcel boundaries. In the case of the Food Court building, the requested variance is required in response to staff comments received during review of the proposed site plan to reconfigure the building for loading and dumpster access. Strict interpretation of the PCD setbacks for these internal sides of the building would constrict the buildable area in Tract.C to a point of infeasibility. This project can develop uses permitted by the C-3 zoning district. The proposed setbacks are consistent with the setbacks are consistent with the C-3 zoning district requirements. In addition, this application complies with the criteria of the City's code for variance as indicated below. A. The special conditions that exist consist of this Tract being platted based on lesser building setbacks than those currently required by the Master Plan. The proposed variance would not be intrusive to the abutting parking or access for the Home Depot. Strict interpretation of these setbacks would constrict feasible development of these parcels. 4722 N.W. Boca Raton Boulevard I Suite Cl06 I Boca Raton, Florida 33431 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 corner of said Tract 'C', thence Southeasterly along the West boundary of said Tract 'C', and the arc of a curve concave to the Southwest (radial line to said point bears N84019'OO"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 N01 033'47"W, along said West boundary, for a distance of 151,26 feet; thence with a curve to the left, having a radius of 1,851,74 feet, 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 Beach County, Florida, containing 27,196 square feet, 0.624 acres, more or less, B. The circumstances requiring these variances are not the result of intended actions by the applicant. Tract C was originally configured and platted based on lesser interior setbacks. Now that site plan applications have been filed, PCD setbacks are being applied to the parcels which significantly impact the developable area. More specifically, the Food Court building has been configured in response to staff comments during review of the site plan application. C. The requested variances only applies to the lots legally described by the attached survey and will not confer any special privilege that is denied to other lands. D. Strict interpretation would deprive the applicant development of the building square footage allowed by the approved Master Plan. The reduction of building area would cause unnecessary and undue hardship on the applicant and his reliance on building areas approved by the Master Plan. E, The requested variances are the minimum required to allow the proposed development of these lots as currently designed. F, The granting of these variance would be in harmony with other development in the City and would continue to comply with the overall intent of the PCD zoning district. This variance would not be injurious or detrimental to the public welfare. A:\ Woolbrt\varrevjusl.wpd