APPLICATION
PROJECT NAME: Sammy Berry Building
LOCATION:.ll0 Martin Luther King Jr., Blvd/
COMPUTER ID:
PERMIT #:
FILE NO.: ZNVC 99-018 TYPE OF APPLICATION: ZNCV
ZNCV 99-019
ZNCV 99-020
APPLICANT/CONTACT PERSON: OWNER/APPLICANT:
Kimberly A. Dellastatious Sammy Berry Jr. & Eula Mason-Berry
PHONE: 561-582-5622 PHONE: 561-585-0345
FAX: FAX: 561-585-5571
ADDRESS: 422 N. Dixie Hwy. ADDRESS: 516 S. Dixie Hwy. #IA
Lake Worth, FL 33460 Lake Worth. FL 33460
Date of submittal/Projected meetine dates:
SUBMITTAL / RESUBMITT AL 12/2/99
1ST REVIEW COMMENTS DUE:
PUBLIC NOTICE: CC OFFICE: 12/28/99
LEGAL AD: 1/10/00 PUBLISHED
TRC MEETING: N/A
PROJECTED RESUBMITTAL DATE:
ACTUAL RESUBMITTAL DATE:
2ND REVIEW COMMENTS DUE:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 1/25/00
MEETING:
CITY COMMISSION MEETING: 2/1/00
COMMENTS: PCN# 08-43-45-21-10-005-0030
HTE # 99-82000009
S:\FORMS\PROJECT TRACKING INFO
APPLICATION ACCEPTANCEDA TE:
FEE PAID:
RECEIVED tn STAFF MEMBER:
RECEIPT NUMBER:
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLlCA nON
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
11./2/q~
I I
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) '3 If 4
Block 5 ,Subdivision Pa./rvt B~ CoUN\frJ Clltb t-;-/P..te.<;
Plat Book II page~ or otherwise described as follows:
Property AddresS-110 ~ar-t~ l(,l.~ey 1<lnj Jr'l Blvd. .
Variance requested ,tOl'1t i<;;df <7"et6,^G~s) Gl11J C:urb ~-r- d 1~-GYlce ~oiVI R.6 i
Please Print (in Ink) or Type
Submittal Date:
The following documents are required to be submitted with this application to fonn a single package.
Incomplete package will not be accepted:
1. Two sealed survevs by a registered sutveyor in the State of Florida, not over six (6) months
old, indicating: .'
A.
B.
C.
D.
E.
F,
G,
H.
I.
J.
K.
All property lines
North arrow
Existing structures and paving
Existing elevations
Rights-of-way, with elevations \
Easementc on or ad1acent to the s;f~
,
Utilities on or adjacent to the site
Legal Description
Number of acres to the nearest one-hundredth (1/1 00) of an acre
Location sketch of property
Surveyor's Certificate
.
~
2. Two site plans properly dimensioned and to scale showing:
---.-.,...------.- -~-_._----- _._-_._--~-
Page 2
Zoning Code Variance Application
A. All proposed structures
B. All existing structures that are to remain on site
C. Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D. Use 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,
including a tax map showing placement of 400 feet boundary. 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, as well as labels or addressed envelopes and postage (111 class-
stamps or payment for required postage).
4. Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aaent Is submlttina the Detltlon. a notarized CODV of a letter deslanatlna him as
such must accomDanv the Detitlon.
.
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 orint or
~
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 aqtions 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 litero! ir.tupretation 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 varionce granted is the minimum variance that will make possible the
It:a::;Ollsble U:;,,, of the land, building or struclure;
F. That the granting of the variance will be in harmony with the general intent and purpose
of this choptcr 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 plus postage, 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.
Page 3
Zoning Code Variance Application
7. Name and address of owner: 9ilMf\'\J 8errj Jr. ~nd SIAl", ~S6t1-8'i'frj
8, Name of applicant: kll'v1(SERl.'1 A \)EL-LAS"TA1'loo'S f'HA I PA
Applicant's address: 41'2. N, 'DtV,l€ Hw~, (,..f\lq; l,NOr<.Ttf ~L, 334(,0
Applicant's phone #:
Date: \'1/2/ q,q
f I
C;G,! 0~Z c;ro2-7..
Signature of Applicant:
Wt~(9&Jt~
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:
(
Page 4
Zoning Code Variance Application
TO BE FILLED OUT B\'.BOARD
PLANNING AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay'
,Stipulations:
Signed:
Chairman
"
I
Page 5
Zoning Code Variance Application
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANTS PROPERTY.
~~ ~ I """;J.,,j
APPLlCANTI E T
~\M13E1\L'1 p." 'D6L.\...At;/A\IOV<; (H/j-, fA- ,
NOTICE TO APPLICANTS
!
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODE VARIANCE
J
All applications received by the City of Boynton Beach after August 1, 1985 shall be
accompanied by mailing labels with the names and addresses of all property owners within
four hundred (400) feet of the subject property. Applications will not be accepted without
these mailing labels.
CONTACT -
,
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:\PlANNINGlSHAREOIWP\FORMSIAPPS\ZHCWNCV .APP
Ju.....'n7
I
KIMBERLY A.
DELLASTATIOUS AIA,PA
422 North Dixie Highway
Lake Worth, Florida 33460
561-582-5622
r;~,\ [" (;) ~ 0 'if] rn 00
i i'1 (L!~:. ' '..... n
.; JAN-5LOOr: ! U
-----'
'!J
December 2,1999 REVISED 12/14/99, 1/5/00
Re: Sammy Berry Building Zoning Variance Submittal, 110 Martin Luther King, Jr. Blvd,
We are proposing an approximately 2,950 sf Office 1 Retail one story building on Martin Luther King Jr,
Blvd, Due to the fact that the relationship of the lot and the existing ROW lines to Seacrest Blvd, are existing
dimensions, it is completely out of our control to increase the distance between them,
TIle variance request would be to allow the driveway curb cut to be made 152 feet from the RO,W, line from
Seacrest Blvd, Current code calls for a minimum of 180 feet in distance to the nearest curb cut. In fact,
existing on the site now is a curb cut only 80 feet away from Seacrest as is shown on the current survey, Our
new design imoroves this position by 72 feet, Without this variance it is impossible to provide l!!!X parking
on the site, Our proposed driveway location is the maximum distance from Seacrest that is possible,
The requested variances fall with-in the guidelines of the City's requirements, Meaning that the following
holds true for the requested variances:
I, Special conditions and circumstances exist which are peculiar to this parcel of land and are not applicable
to other lands in the same zoning district. This condition is due to the existing platting of the lots,
2, This special condition did not result from the actions of the applicant.
3, Granting of the requests 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,
4, Literal interpretation of the provisions of this chapter would deprive the applicant of rights conullOnly
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.
5, The variances requested are the minimum variances that will make possible the reasonable use of the
land, building, or structure,
6, The granting of these variances will be in harmony with the general intent and purpose of this chapter and
that such variances will not be injurious to the area involved or otherwise detrimental to the public
welfare,
Thank you for your time and assistance concerning this matter. If you have any questions, please feel free to
contact me,
Sincerely,
KIMBERLY A
DELLASTATIOUS AIA,PA
""~~~~
President
KIMBERLY A.
DELLASTATIOUS AIA,PA
422 North Dixie Highway
Lake Worth, Florida 33460
561-582-5622
December 2, 1999 REVISED 12/14/99
City of Boynton Beach
Zoning Code Variance Submittal
Re: Sanuny Berry Building
110 Martin Luther King, Ir, Blvd,
Boynton Beach, FL
We are proposing an approximately 2,950 sf Office / Retail one story building on Martin Luther King Ir,
Blvd, Due to the proposed redevelopment of Martin Luther King, Ir, Blvd" we have been asked by the City
to voluntarily comply with their redevelopment concepts, We feel this is an exciting opportunity to help this
area inlprove on an urban scale, Unfortunately the codes and regulations are not in place at this time to help
kick off this vision, Due to this fact, we are put into a position to ask for variances that we would not
necessarily have to ask for. If we were to stick to the conventional site planning design as site forth in the
current zoning code there would be no need for the following setback variance,
The City would like to see the building positioned closely to the existing RO,W, along the front property line
with the parking to the rear of the building, We can achieve this by being granted a front and west side
setback variance, We are requesting that the west side setback be reduced from 15 feet to 5 feet with
allowance for a maximwn 3' building overhang, and the front setback be reduced from 25 feet to zero
setback. Actually, the requested front setback would be 3 feet from the air conditioned or enclosed building
space with allowance for building overhang and/or colUlIU1S to be in the 0' - 3' setback zone,
The third variance request would be to allow the driveway curb cut to be made 152 feet from the RO,W, line
from Seacrest Blvd, Current code calls for a minimwn of 180 feet in distance to the nearest curb cut. In fact,
existing on the 'site now is a curb cut only 80 feet away from Seacrest as is shown on the current survey, Our
new design imoroves tlus position by 72 feet. Without this variance it is impossible to provide !!!!y parking
on the site, Our proposed driveway location is the maximwn distance from Seacrest tl13t is possible,
The requested variances fall with-in tile guidelines of the City's requirements, Meaning that the following
holds true for the requested variances:
I, Special conditions and circwnstances exist which are peculiar to this parcel of land and are not applicable
to otller lands in the same zoning district, This condition is due to tile redevelopment wluch is proposed
along the Martin Luther King Ir" Blvd, ROW,
2, This special condition did not result from the actions of the applicant. The City has requested the
applicant voluntarily confonn to the proposed improvements relative to the redevelopment of Martin
Luther King Ir" Blvd,
3, Granting of the requests will not confer on the applicant any special privilege tllat is denied by this
Ordinance to other lands, buildings, or structures in the same zoning district.
4, Literal interpretation of the provisions of tlus 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.
5, The variances requested are the minimum variances that will make possible the reasonable use of the
land, building, or structure,
6, The granting of these variances will be in harmony with the general intent and purpose of this chapter and
that such variances will not be injurious to the area involved or otherwise detrimental to the public
welfare,
TItank you for your time and assistance concerning this malter, If you have any questions, please feel free to
contact me,
Sincerely,
KIMBERLY A, DELLASTATIOUS AIA,PA
\,L.l..JO &JJ.il-
Kimberly Dellastatious, AIA,NCARB
President
Sammy Berry, Jr., P,A.
Attorney At Law
516 S, Dixie Hwy, #lA
Lake Worth, Florida 33460
(561) 585-0345
Fax (561) 585-5571
f
516 S, Dixie Hwy, #lA
Lake Worth, Florida 33460
(561) 585-0345
Reply To:
Lake Worth
2324 Sistrunk Blvd,
Ft. Lauderdale, Fla, 33311
(954) 584-3940
November 30, 1999
Dear SirlMadam: I ~ I ~ ~ rn O::l ~
Please accept this letter as my consent to allow Kimberly A. Dellastatious to actas.iky ~ta-or 1999 I ~
purposes of the zoning code variance application, I
PLA;",';"'IG AND
lONING DEPT.
k~~h.
AFFI T
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 2D-Hv day of November,
1999, by SAMMY BERRY, JR.
x
who is personally known to me, or
who produced
N~
as identification,
that the matters set forth herein are true and correct to the best of their knowledge and belief.
I"~"" Wendy C Ma_
*~*My COnmssianCC7D701.
.....'.,! ExPlmJaIlUIIY 10,2OQZ
~~ :26, W02
MY COMMIS ON EXPIRES
Certified To : Sammy Berry, Jr., Es~e and W. Eula Mason-Berry
Prooertv Address: 110 Martin Luther King, Jr., Blvd" Boynton Beach,
FL
Flood Zone: C (FIRM 120196 0004C 9-30-82)
Descrlntlon:
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,
Additional Notes:
7) Elevations shown hereon are based on N,Q,V,D, 1929,
8) Originating Bench Mark = Palm Beach County "Jeray" Elevation = 18,64'
9) Site Bench Mark = south side of sidewalk at northeast lot comer. Elevation = 16,50'
IV //(IS Su~vey A'CF.cc<:TJ'
A~~~AS6YeNTJ.~W
AS ~ER. 'T/Tl./Z '
/N3(1P,4NCe. pOL/CY ...<,(.)
4IoPM-S830Y3 \"
04.7€O /.2-'.Y/
47roF?NeY:5 r/rl.~
/N~. ;:""'0.
FO, "PX" NAil
(@PI)
MARTIN LUTHER KING JR, BOULEVARD (FIELD)
(AlIV'A "N.E. 10TH AVe). WEllS ~VENUE (PLAT)
~ ' ~ :l- ti
J -=- '- ~ Y- _ ,t:-
:~ (50'f/JW) 1: N9000'OO"E (3;'PAVEO) f:~
l~ ' "1l'\,j \
'~<'<- t~<'<- \~<'<- ,~t<,<-
: \~fi" \~' ,i" \~''W\\'' ~ \~~\"
N 90 00'00" E (BR
,p
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g:: ;s ~ "--FIRE 0,0'
~ ~ ....... HYDRANT
.... !:;:; i!r: (54,6' W. 4,0 S)
:N""r>: ~
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.... 55
:i
....
In
e3
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LOT3
(BI.lXK5)
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VAC4NT
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+
LOT2
(BLOCKS)
92-
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wAT&":
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LOT4
(BLOCKS)
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POUSl.€ 54"'1'
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~'<'<- C/TY
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jill' CURB
2' VAllEY GUrrER
5'W'l
FIRE
IIYDIlANT
(104.4'f, /.OW)
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LOT5
(BL()(KS)
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I.t'
v v 0 I!S:
.) Lands shown hereon were nolllbstractcd by Ihit' Office for enlltmcnls, ri Is-of-wny, or
ther instruments or record. This survey docs 1101 reOcct or determine owners lip.
2.) No underground improvcmenLs located unless shown.
3.) All bearinp and distances shown hereon are plat And measured 111l1cM olhcrwi!':c noled.
4.) This survey is valid in accordance wilh F.S. 621.1842. for 90 d..ys frOlll survey dale.
S.) Unless it bears die lIignalurc and the originilol raised stal or" Florida licensed surveyor
and mapper. this map/repo.t is ror infonnalionallnlrpOStll on')' lInd is 1101 valid.
6.) This fimlS "Certificate or Authorization" number is "Ln 6838",
LEGEND
CAlC_ . CALCULATED
cel . COHCAEll BLOCk STRUCtURE
It . CENTERllNE
C.M . CONCRETE MONUMENT
COffe. . CONCAETE
D_E . DRAINAOE E4SE.
DIf . DRAIN FIIlD
-f-E-(- . AERIAL UTlllTY WIRES
IAII. . (....EMENT
IllV . IllvATlON
F F . fINISHED FLOOR
FO . FOUND
I P , IAON PIPE
IR . IRON AOO
IR. .. C,' .... IRON ROO WI PLASTIC CAP
LABELED "MLS INC La 5312
L . ARC LENOTH
ME AS . MEASURED
NITT' NAILl TIN TAB
N .. W . NAIL I WASHER
NOVO' N""IONAl GEODETIC VERTICAL CATUM
\0/ :It::
S 11 . SEARrNO REfERENCE
ORB . OFfiCIAl RECORD BOOK
P a . PLAT BOOK
PC' POINT OF CURVATURE
PC C . POINT OF COMPOUND CURVATURE
PCP . PERMANENT CONTROL POINT
P08. . POINT Of BEOINNING
pac . POINI Of COMMENCEMENT
P R C . POIMT OF REVERSIE CURVA JURIE
P R M . PERMANIENT RIEl'ERIENCE MONUMENT
I HEREBY CERTIFY this survey meets Ihe Minimum Technical Standards set lorlh by the Florida 80
Mappers In Chapter 61G17-6. Florida Administrative Code, pursuant 10 Seclion 472.021, Florida e
. This survey Is Invalid wllhoul embossed surveyor's seal. .
BOUNDARY SURVEY
I /"=30'
SCALE MILLER LAND SURVEYING
I DR /-?'CARD
1121 LAKE AVE.
f FIELD ~A,a/{I"c;~- 561-566,2669
9/.2t? /-"9 LAKE WORTH, FLORIDA 33460
a DATE
v
PI' POINr OF INTERSECTION
R' "ADIUS
RIW' RIOHr. OF. WAY
. S .. W . SHIP SPikE. .. WASHER
8/T.SEPTlC TANK
U E . UTILITY EASEMENT
6 . CENTAAL ANOLE
....-.. . CHAIN LINK FENCE
-0-0-0- . WOOD rENCE
r::::!Z) . CONCRITE FlAtWORk
01 pro'e"i~~
OfId.C.rtt'lnIINo
LJ. MILLER 4034
REFERENCES
5' -1'? / .:'.5'
JOB NO.
99-025-6'
S-,3'cJ 83~
,