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
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EXHIBIT "B"
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EXHIBIT "C"
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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.
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