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APPLICATION -APPltCATION ACCEPTANCE DATE: RECEIVED BY STAFF MEMBER: FEE PAID: RECEIPT NUMBER: CITY OF BOYNTON BEACH ZONING CODe VARIANce APPLICATION SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND SUBMITTAL DATES: Please Print /in inkl or TYDe Submittal Date: April 7, 1998 The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board 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): Property involved is described as follows: Lot(s) !;99 lIth.r.h9d 9yhihit Block , Subdivision Plat Book Page or otherwise described as follows; Property Address 1606 South Federal Highway, Boynton Beach, FL 33435 Variance requested Landscape and construct six foot chain linked fence along the South property line in lieu of masonry wall. 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: Page 3 Zoning Code Variance Application Riverwalk Plaza Joint Venture, Mike Carey Managing Partner 3014 S. Olive Ave., West Palm Beach, FL 33405 7, Name and address of owner: 8, Name of applicant Lee Starkey. THE LEE STARKEY GROUP Applicant's address: 11214 Marjoram Drive, Palm Beach Gardens. FL 33418 Applicant's phone #: 561 775-0671 fax 561 625.9364 Date: April 6, 1998 Signature of Applicant: TO BE COMPLETED BY PLANNING AND ZONING 1, Property is presently zoned: formerly zoned: 2. Property Control Number: 3, Denial was made upon existing zoning or sign requirements (list section(s) of Code from which relief is required): 4. Nature of exception or variance required: 5. Case Number: Meeting Date: VARIANCE REQUEST STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS AND REASONS RIVERW ALK PLAZA BOYNTON BEACH, FLORIDA A, That special conditions and circumstances exist which are peculiar to the land and buildings involved and which are not applicable to other lands and buildings in the same zoning district: The Boynton Beach Development Code currently requires the erection of a masonry wall between property with a commercial zoning designation and one with a residential designation. When this property was developed, no such requirement existed and the site was developed in the manner in which it exist today. B, That the special conditions and circumstances did not result from the action of the applicant. When constructed, the project conformed to the codes in effect at the time. Revisions to the approved site plan and subsequent changes to the development code created the necessity for the variance. C, That the granting of the variance requested will not confer on the applicant any special privilege denied by this ordinance to others. This project is fully developed having been constructed forty years ago. The current activity involves a change in one ofthe major tenants and the relocation of minor tenants;1 Granting this variance will confer no special privilege not enjoyed by every other similar forty year old developments 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 work unnecessary and undue hardship on the applicant. There is not sufficient space to construct a footing and a wall along the subject property line without removing paving and shell base. Removing the paving would reduce the width of the access way creating a potentially hazardous traffic condition. Thus would be the hardship to accomplish that which can be satisfied with the required irrigated landscaping and fencing. THE lEE STARKEY GROUP+ PLANNING AND ZONING CONSUL TANTS+11214 MARJORAM DRIVE+ PALM BEACH GARDENS FLORIDA 33418 ... 561 775-0671 ... FAX 561-625-9364 VARIANCE REQUEST STATEMENT OF SPECIAL CONDITIONS, HARDSHIPS AND REASONS RIVERW ALK PLAZA BOYNTON BEACH, FLORIDA Page 2 E, That the variance granted is the minimum variance that will make possible the reasunable use of the land. building and structures The fence and landscaping combination is a reasonable alternative to accomplish the goals of the requirement, i.e., visual separation for the adjoining property. At tlte time the project was developed, over forty years ago, the adjacent property was an over-grown, unoccupied and undeveloped waterway maintenance spoil area owned by the Florida Inland Navigation District, A chain linked fence separated the properties then. Today, over forty years later, the site remains over-grown, predominantly with wetland specie, it remains unoccupied, it remains undeveloped and it remains in the ownership ofthe Florida Inland Navigation District. 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 il!iurious to the area involved or otherwise detrimental to the public welfare, The clear intent of this chapter is to provide separation of two dissimilar land uses. At the time this project developed, there was no such intent. Hence the Plaza developed as it is today, with insufficient space at the rear of the buildings for the construction of a masonry wall with its attendant foundations. The property to the South, owned by the Florida Inland Navigation District, is undeveloped, lying between the strip commercial along Highway #1 and the waterway. Much of the property would be designated as wetland and ,lIpt subject to development. THE LEE STARKEY GROUP+ PLANNING AND ZONING CONSlA. TANTS+11214 MARJORAM DRIVE+ PALM BEACH GARDENS FLORIDA 33416 + 561 775-0071 + FAX 561-625-9364 RIVERW ALK PLAZA JOINT VENTURE MIKE CAREY, GENERAL PARTNER p,O, BOX 4545 WEST PALM BEACH. FLORIOA LETTER OF AUTHORIZATION: This is to authorize Lee Starkey of the LEE STARKEY GROUP to act in our behalf in all matters pertaining to the application and presentation for a zoning code variance for the Riverwalk Plaza Shopping Center in Boynton Beach, Florida, THE RIVERWALK PLAZA JOINT VENTURE a~ Notary Public: 4~".~ My commission eXPires:d'-"">l2.. 1"'\, '2.-0"'.. .., PfI. JOHN WALTZJNGER ~"i;' COMMISSION # CC 550154 'IIi .. EXPIRES JUN 17, 20lXl .,. '" BONDED ntIU ~'1 ill'1I: A1lANl1C BONDING CO.. INC. . . REQUEST FOR PUBLISHING LEGAL NOTICES ANDIOR 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 two (2) working days prior to the first publishing date requested below. ORIGINATOR: Plannina and Zonina PREPARED BY: Dan DeCarlo DATE PREPARED Aori122.1998 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Develooment Board Hearina Notice for Case No. 252 (meetina Mav 12. 1998) Riverwalk Plaza (south buffer wall) SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Boarder, etc,) STANDARD LEGAL AD SEND COPIES OF AD TO: All orooertv owners within 400 feet of orooertv (oostmarked no later than Aoril 27, 1998). aoolicant and Director of Plannina and Zonina, NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: Aoril27, 1998 LAST DATE TO FAX TO NEWSPAPER Aoril24. 1998 at 3:00 P.M, (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: S:\proiectsIRiverwalkIZNCV\LGL.Case252 PROJECT NAME: RIVERW ALK LOCATION: S,E. CORNER WOOLBRIGHT RD & V,S, HIGHWAY #1 COMPUTER ID: RIVERW ALK\ZNCV FILE NO,: ZNCV 98-005, CASE #252 TYPE OF APPLICATION: ZONING CODE V ARlANCE- (landscape/fence) APPLICANT/CONTACT PERSON: OWNER: LEE STARKEY, THE LEE STARKEY GROUP PHONE: PHONE: (561) 775-0671 FAX: FAX: (561) 625-9364 ADDRESS: ADDRESS': 11214 Marjoram Dr. Palm Beach Gardens, FL 33418 Date aDD, RecdlProiected schedule dates: SUBMITTAL / RESUBMITTAL 4/7/98 1 ST REVIEW COMMENTS DUE: PUBLIC NOTICE: To City Atty: 4/22/98 To City Clerk/fax: 4/24/98 Mail: 4/27/98 TRC MEETING: N/A PROJECTED RESUBMITTAL DATE: N/A ACTUAL RESUBMITTAL DATE: N/A 2ND REVIEW COMMENTS DUE: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD 5/12/98 MEETING: CITY COMMISSION MEETING: 5/19/98 COMMENTS: