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AGENDA DOCUMENTS Meeting Date: File No: Location: Owner: Project: Variance Request: DEVELOPMENT SERVICES DEPARTMEl'.I ( PLANNING AND ZONING DIVISION MEMORANDUM #00-014 Staff Report Planning and Development Board and City Commission January 25, 2000 ZNCV 99-018 - Side yard setback from property line ZNCV 99-019 - Front yard setback from property line ZNCV 99-020 - Driveway distance from intersection Martin Luther King Boulevard, 75 feet east of Seacrest Boulevard. Sammy Berry Jr. and Eula Mason-Berry Constructing a new office/retail one story building. Request for three (3) variances from the City of Boynton Beach Land Development Regulations. Relieffrom Chapter 2, Zoning, Section 6 (B) (3): 1) to allow a ten (10) foot reduction from the fifteen (15) foot side yard setback required within the C-2 Neighborhood Commercial zoning district, or a five (5) foot setback; 2) to allow a thirty (30) foot reduction from the minimum thirty (30) feet front yard setback required within the C-2 Neighborhood Commercial zoning district, or a zero (0) foot front yard setback. Lastly, relief from Chapter 23, Parking Lots, Article II (H) (3), requiring a minimum separation of one hundred- eighty (180) feet between a driveway and intersection to allow a twenty-eight (28) foot reduction, or a separation of one-hundred-fifty-two (152) feet. BACKGROUND The subject property and adjacent parcels are currently zoned C-2, Neighborhood Commercial. The lot is currently vacant, clean of debris and overgrown grass, and conforming with the C-2 zoning district regulations. Currently, the subject property is in the middle of sparsely vacant lots. Staff surveyed the area and observed that several developed properties along Martin Luther King Boulevard are in disrepair, vegetation is overgrown in some of the adjacent vacant lots; the parcel to the west, at the corner of Martin Luther King Boulevard and Seacrest Boulevard, is developed as a restaurant (see Exhibit "A" -location map). It is noteworthy that a site plan for this project has been submitted concurrently for City consideration, reflecting those setbacks to be allowed by the subject variances. Page 2 Sammy Berry File No. ZNCV 99-018 ANALYSIS The code states that the zoning code variance can not be approved unless the board finds the following: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. 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 ordinance 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 grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. (Exhibit "B" contains the applicant's response to the above criteria.) Staff has conducted this analysis considering each setback request separately focusing on items "a, b, and e" above, which require that the request is originated on special conditions to the land; is not the result of applicant's actions; and represents the minimum possible deviation from City regulations, respectively. The subject request and circumstances do not contain characteristics that document hardship and justify the granting of the subject variances. However, staff has encouraged the applicant to redesign the subject project to be consistent with the desired streetscape plan recommended by Visions 20/20, and with the new urban design concepts being promoted by staff. Although an urban design plan with corresponding overlay regulations (or code revisions) will eventually be processed, current development is subject to existing development regulations which, in this case, are contrary to the ultimate desired design of this district. Page 3 Sammy Berry File No. ZNCV 99-018 Based on the City's goals outlined for the redevelopment of the Martin Luther King Boulevard corridor in the Boynton Beach 20/20 Redevelopment Master Plan, the City would like to see buildings to be positioned close to the existing right-of-way, along the front property line with parking placed to the rear of the building. Said positioning is in line with a "pedestrian friendly" concept characteristic of the new urban design trend supported by staff, and having as an ultimate goal the redevelopment of the corridor as a business incubator consisting of a mix of office and residential uses along a regular streetscape. Implementation of this concept requires fronts of new buildings to be located up to the front property line, as opposed to being thirty (30) feet, as required by the C-2 zoning district regulations. The applicant feels that the project can be built in compliance with the intent of current regulations, and that in order to fulfill the Visions 20/20 goal, a front yard setback variance is needed. In fact, and by virtue of the Visions 20/20 goal, it is the staff recommendations that have generated special conditions to the land; by granting the requested relief, staff believes that the applicant will be giving the opportunity to use the land reasonably. With respect to impacts upon adjacent properties, staff has concluded that the requested reduction of thirty (30) feet to place the building front line along the front lot line, will not affect them negatively since the reduction will have the positive impact of implementing the City's Visions 20/20 program. (see Exhibit "C" - proposed site plan). With respect to the requested side yard setback, staff has concluded that approval of this request is necessary in order to give the applicant the opportunity to develop this project. The proposed site plan shows a sidewalk on the requested five (5) foot side yard setback and along the building west wall, between said wall and a concrete wall separating the subject property and the parcel developed to the west. The applicant feels that the sidewalk will partially accomplish the "pedestrian friendly" concept discussed above by providing walking connection between front sidewalk along Martin Luther King Boulevard right-of-way and the building rear parking lot. Staff feels that any patrons safety concern in such a narrow area can be addressed by placing enough illumination in accordance with City regulations, and by avoiding the placement of any vegetation or bulky material at either end or along said sidewalk. With respect to the requested driveway distance reduction of 28 feet, from the required 180 feet to 152 feet, staff focused the analysis on items "b" and "d" from the list of findings by the board, that requires that the request, "b" is not the result from applicant's actions, and "d" literal interpretation of City's ordinances would deprive the applicant of rights commonly enjoyed by others. Based on the City's code provisions for older platted lots, the City has acknowledged the potential for creating certain hardships, specifically, driveway distance from nearest streets intersection. In fact, when applying the City enacted new regulations requiring 180 foot distance between driveway and streets intersection on this project, an unnecessary and undue hardship is placed on the applicant. It is noteworthy that the applicant is showing great commitment to the area development; and by approving the requested distance variance the City in turn will be allowing the rights to enjoy the property. Page 4 Sammy Berry File No. ZNCV 99-018 CONCLUSIONS/RECOMMENDA TION Staff recognizes that compliance with Visions 20/20 goals places undue hardship on the applicant, and put them in a position to ask for variances that would not be necessary if the project were to be developed according to the conventional C-2, Neighborhood Commercial zoning district. Staff acknowledges and commends the applicant's commitment to improve the urban and economic well being of the neighborhood by voluntarily complying with the Visions 20/20 redevelopment efforts. Being aesthetics and safety part of the basic objectives of the Visions 20/20, staff feels that those can be achieved by supporting the ten (10) foot side yard setback variance reduction, the thirty (30) foot front yard setback variance reduction, and the distance requirement variance of twenty-eight (28) foot from the nearest streets intersection to the proposed building driveway. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit "D". MR/dim S:\PlanmngISHAREDIWP\PROJECTS\SAMMY BERRY BUILDlNG\ZNCV\STAFF REP-side yard setback.doc DEPARTMENT OF DEVELOPMENT .MORANDUM NO. PZ 99-2! TO: FROM: Sue Kruse City Clerk 17 !/(Z- Michael W. Rumpf . Director of Planning and Zoning DATE: December 30, 1999 SUBJECT: Sammy Berry Building Zoning Code Variance 99-018 (Side Setback) Zoning Code Variance 99-019 (Front Setback) Zoning Code Variance 99-020 (Driveway distance from intersection) The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variances are scheduled for the January 25, 2000 Planning and Development Board meeting. .~OTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code and parking lot regulations of said City: , Owner: ( Sammy Berry Building Request: Relief from Chapter 2. Zoning, Section 6(B)(3). Requesting that west side setback be reduced from 15 feet to 5 feet. Request: Relief from Chapter 2. Zoning, Section 6(B)(3). Requesting that front setback be reduced from 30 feet to zero (0) feet. Request: Relief from Chapter 23 Parking Lots, Article II(H)(3), requiring a minimum separation of 150 feet between a driveway and intersection to allow a 28 foot variance or separation of 152 feet. Location: 110 Martin Luther King Jr., Boulevard Legal: Lots 3 and 4, Block 5, Palm Beach Country Club Estates, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 11, Page 43. A PUBLIC HEARING before the Planning and Development Board will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, January 25,2000, 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 Planning and Development Board 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 PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH: THE POST January 10, 2000 LEGAL' REQUEST FOR PUBLISHING .CES AND/OR LEGAL ADVERl 'ENTS 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: Michael Rumpf DATE PREPARED: December 30.1999 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Development Board Public Hearina Notice for (meetina Januarv 25. 2000) rear & side buildina setbacks and parkina lot drivewav variances. 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 Plannina and Zonina NEWSPAPER(S) TO PUBLISH: The Post PUBLISHED: Januarv 10. 2000 APPROVED BY: (1) 71- r:."2- (Originator) /.2//7/P;: (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: J:\SHRDATA\PLANNING\SHARED\WP\PROJECTS\SAMMY BERRY 6UllOING\LEGAL NOTICE-DOC