APPLICATION
# ~ -."
PROJECT NAME: Sammy Berry Building
LOCATION:.1l0 Martin Luther King Jr., Blvdl
COMPUTER ID:
PERMIT #:
FILE NO.: ZNVC 99-018 TYPE OF APPLICATION: ZNCV
ZNCV 99-019
ZNCV 99-020
APPLICANTICONT ACT PERSON: OWNER/APPLICANT:
Kimberly A. DelIastatious 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 ofsubmittal/Projected meetinl!: dates:
SUBMITTAL 1 RESUBMITT AL 12/2/99
1ST REVIEW COMMENTS DUE:
PUBLIC NOTICE: CC OFFICE: 12/28/99
LEGAL AD: 1/10/00 PUBLISHED
TRC MEETING: NIA
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:IFORMSIPROlECT TRACKING INFO
APPLICATION 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 ink) or Tvpe
1"Z./2/~~
I I
Submittal Date:
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 lj; 4
Block Z; . Subdivision Pa./II-I B~ ~+r-J CllLb ~7t",~<;
Plat Book II page~ or othelWise described as follows:
.'
PropertyAddresS--LIO ~art;n ll-l1n('.(" ~Inj J"r.) 13lvd. .
Variance requested . t<lnt iC:;;df ~etb';'G~s) <N\1J C:urb ~T cd Is-tn~e ~oM Ra I
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 surveys 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
Easement~ on or adjacent to the sit"!
Utilities on or adjacent to the site
Legal Description
Number of acres to the nearest one-hundredth (1/100) 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, tum lanes and driveways
F. Elevations ofthe 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 Detitlon. a notarized CODV of a letter deslanatina him as
such must accomDanv the Detition.
.
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 release 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 aC,tions 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 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 variance granted is the minimum variance that will make possible the
ll;:a:;ullaLJle u::,'" or the land, building or slruclure;
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 sectioCl 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: ~o.(YImJ 6e((j Jr. ~rJ E. lA Ie:). ~Sct1- Bt'frJ
8. Name ofapplicant: kll\1lS.EI<'-'1 A. DELL..AS"TAIIouS AlA, PA
Applicant's address: 4"2.'2. N. V('(I€ HW'1. l--Al<t" (Ak?RTt! ~l. 334(,0
Applicant's phone #: ~cOl I?~L 1;'=>2-7-
Date: 11./ 2/ ~ q Signature of Applicant: (QtuJul~ &~
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:
t"
Page 4
Zoning Code Variance Application
TO BE..EILLED OUT BY: BOARQ
PLANNING AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay'
, 'Stipulations:
Signed:
Chairman
..
,
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.
~~~ r'fn'<;W
APPLlCANTI E T
~\Vi\:lEf;L'1 f.\. 'D(:;LI...At;i A,IOU <;; tH /}, pA- .
NOTICE TO APPLICANTS
!
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODE VARIANCE
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:\PLANNINGISHAREDlWP\FORMSIAPPS\ZNCV\ZNCV .APP
Junol,l"7
I
KIMBERLY A.
DELLASTATIOUS AIA,PA
422 North Dixie Higbway
Lake Wortb, Florida 33460
561-582-5622
!'~rr;~n
f ___~~.......--.--_ .
I
i I: Il.M -' 5 'ZW'
~,JW
- - "- - ~-...,
/' ,
en rr' ,'--"
\, i I~' ! r. \:
~~'! ~r'~' ',"1 f ! \
: \:
December 2, 1999 REVISED 12114/99, 1/5/00
Re: Sammy Berry Building Zoning Variance Submittal, 110 Martin Luther King, Jr. Blvd
We are proposing an approximately 2.950 sfOllice / Retail one story building on Martin Lutber King Jr. Blvd Due to
the proposed redevelopruent of Martin Lutber King, Jr. Blvd, we have been asked by the Cily to voluntarily comply with
their redevelopruent con;epts. We feel this is an exciting opportunily to help this area improve on an wban scale.
Unfortunately tbe codes am regu1ations are not in place at this time to help kick off this vision Due to this fact, we are
put into a positiou to ask for variaJK:es that we would not necessarily bave to ask for. If we were to stick to tbe
conventional site planning design as site fortlt in the current zoning code there would be no need fur the fullowing
setback variance.
Tbe Cily would like to see the building positioned closely to tbe existing RO.W. along the front property line witlt tlle
parlring to the rear of the building. We can achieve this by being granted a front am west side setback variance. We are
requesting tbat the west side setback be reduced from 15 feet to 5 feet with allowaoce for a maximwn 3' building
overhang, am the front setback be reduced from 25 feet to zero setback. Actually, tlle requested front setback would be
3 feet from the air conditioned or enclosed building space with allowance for building overhang and/or columns to be in
tbe 0' - 3' setback zone.
The requested variances full witll-in the guidelines of the Cily'S requirements. Meaning that tlle following holds true for
the requested variances:
I. Special conditions am ciJcumstances exist whicb are peculiar to this parcel of land am are not applicable to other
lands in the same zoning district TIIis condition is due to the redevelopment whicb is proposed along tlle Martin
Luther King Jr., Blvd. RO.W.
2. This special condition did not result from the actions of the applicant. The Cily bas requesred the applicant
voluntarily confonn to the proposed improvements relative to the redevelopment of Martin Lutlter King Jr., Blvd.
3. Granting of tlle requests will not confer on tlle applicant any special privilege that is denied by tllis Ordinance to
other lands, buildings, or structures in the same zoning district
4. literal interpretation of tlle provisions of this chapter would deprive the applicant of rights conunonly e1]joyed by
other properties in the same zoning district uroer the tenns of the Ordinance am would wolk U1lIJeCCSSlIJy am
undue bardship on the applicant
5. TIle variances requested are the mininmm variances that will make poSSIble tlle reasonable use of tlle land, building,
or structure.
6. The granting of these variances will be in bannony with the general intent am purpose oftbis chapter am that sucb
variances will not be injurious to tlte area involved or otlterwise detrimental to the public welfare.
TIJaDk you for your time and assistance concerning this matter. If you bave any questions, please feel free to contact me.
Sincerely,
KlMBERL Y 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: Sammy Berry Building
110 Martin Luther King, Jr. Blvd.
Boynton Beach, FL
We are proposing an approximately 2,950 sf Office / Retail one story building on Martin Luther King Jr.
Blvd. Due to the proposed redevelopment of Martin Luther King, Jr. 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 tins time to help
kick off tllis 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 tile
current zoning code there would be no need for the following setback variance.
The City would like to see tile building positioned closely to the existing RO.W. along the front property line
with tile parking to tile 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 columns to be in the 0' - 3' setback zone.
The tined variance request would be to allow the driveway curb cut to be made 152 feet from tile 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 tile current survey. Our
new design imoroves tins position by 12 feet. Without this variance it is impossible to provide l!!!Y parking
on the site. Our proposed driveway location is the maximwn distance from Seacrest that is possible.
TIle requested variances fall with-in tile guidelines of the City's requirements. Meaning that the following
holds true for tile requested variances:
I. Special conditions and circwnstances exist which are peculiar to this parcel of land and are not applicable
to otller lands in tile same zoning district. This condition is due to the redevelopment winch is proposed
along the Martin Lutller King Jr., Blvd. RO.W.
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 Jr., Blvd.
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 tile applicant of rights commonly
enjoyed by other properties in the same zoning district under the tenns 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 bannony 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.
11l3l1k you for your time and assistance concerning this matter. If you have any questions, please feel free to
contact me.
Sincerely,
KIMBERLY A.
DELLASTATIOUSAU\PA
I.LJ~o ~jJ~
Kimberly Dellastatious, AIA,NCARB
President
N 90 00'00' E (8R
,,~
""R '\ ".
g:j:S ~ '\...flRE 0.0'
~ ~ ...... HtVRANT
... ~ ll:: (54.6' W, 4.0 5)
",,"W<>= "
~ ~ ~ ".
~~~~
o,q;!:
"",l:!J'"
- \Q
~ ~
t:ICl
"""
tQ
~
~
LOT2
(81OCKS)
~~
Certified To: Sammy Berry, Jr., Es.._e and W. Eula Mason-Berry
Prooeftv Address: 110 Martin Luther King, Jr., Blvd., Boynton Beach,
FL
Flood Zone: C lFIRM 120196 0004C 9-30-82)
Descrlotlon:
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 ", Page 43.
Additiooal Notes:
7) Elevations shown hereon are based on N.OVD. 1929.
&) Originating Bench Mark = Palm Beach Counl)' "Jeray" Elevation = \ &.64'
9) Site Bench Mark = south side of sidewalk at northeast lot comer. Elevation = 16.50'
Icf) 7'/{/S s",qvo!y ~eF~c~TJ'
AL'~A5~eNTS.~W
AS "'EA. T/'rl.<E '
/N3UA.e.NCe. /"Cuey' ^""
'" CPM-s830Y3 ".
P4Tep /2~'..!J/
4,'TroRAteY::5 T/T~~
/H~. ;:"VND.
FO, 7W' NAil
(@P.I/
~
~
'"
~
~
'"
'"
~
,'0'
rO.I/2' WATt;.
HETY/5
IR. ~C/~
~ ~ i "
,1, ," ,\). ,\).
LOTJ LOT 4 LOTS
(BLOCK 5) (BLOCKS) (BLOCKS)
.0'
.~ ,
~
,1, ,"
""fle.... ~ :::
VAOlNT LOT ~
~ " -~ ~ i
,1. ,1' .... ,\)'
l.1'
1.3'
5' HIGH
65.40'1
,
,
,
,
,
,
,
,
:
t
l
!
,
I
,
LOT 4
(BlOCK4)
1.1)-
~
V T S:
.) Lands shown hereon were 1101 abstracted by this Office for casements, ri tg.of.wny. or
ltu:r instruments ohecord, This survey does nol reOed or delennine O\\'1lers lip,
2.) No underground improvements locnled unless sho'\'1'.
3,) All bearings and distan<:es shown hereon nre Iltnt runl measured unless otherwise noted.
4,) This survey i. v.'id in AccordAnce willi F,S, 6'21,184'2. for 90 days frQlll survey date,
S.) Unless it belra Ule signature and the origin"l raised seal of n Florida licensed surveyor
and mllVflet". d," map/report II for infonnallonat 'llIfllor.e.,- QI,'Y lInd is not valid,
6,) This (jnns "Certi(jcate of Authorization" ndmber is "tU 6838",
LI: 0 I: N D
CA~C . CALCULATED
c... . CONC"UE BLOCK STRUCTURE
'- . CENTERLINE
C.W - CONCAll( l.lIONUMtNT
COIC. . CONCAfTf
0.1 . DRAINAGE EASE
DIF . DRAIN rinD
....1,(. . AI"IAL UTILITY WIRES
lAlE . E....IMIHT
IllV. . ELfVATION
f f . flNISHEO H.OOP.
FD . rOUND
IP . IRON PIPE
IR . IRON ROD
I R. a c. - ,..,.. IRON ROO WI Pl.l,'T1C CAP
LABELED "MlS INe LB $:"2
l . ARC U.NOTH
h'E"'S. . ME"SlJRlO
HITT- HAil I TIN TAB
N I W . N"ll I WASHER
NOVO' N"TlDN"'l GEOOETlC 'lEP.TlC"'l O""lll.ll
a R ' BEAIl1NIlIlEfEIlENCE
ORB . orFlCIAl RECORO BOOK
P 8 . pt...t 900t<.
PC' POINT OF CURVATURE
PC C 'POINT Of COMPOUNO CURVAtURE
PCP . PERMANENT CONTROL POINT
P 0 B. . POINT OF BEOINNINQ
PO C . POINT OF COMMENCEMENT
p.. C . POINT Of REVERSE CUAVATUAE
p ~ M . PE~M"Nf"' AUtAfNCE WQNU>>fNl
PI' POINT Of INTERSECflON
R' RADIUS
"IW . fUQHT . Of - W..V
, '.1 W . SHIP SPIKE a WASHER
'IT. SEPflC TANt<.
U E . UfllITV EASEMENT
{} . CENTRAL AHOLE
~...... . CHAIN LINK FENCE
-0-0-0-- . WOOD fENCE
c:::D . CONCAin FlAolWOAll
I HEREBY CERTIFY this survey meets the Minimum Technical Standards set IOfth by the Flolida 80
Mappers In Chapler 61017.6, Florida Admlnlslrallve COdB, pursuanllo Section 472.027. Florida e
, ThlJ survey Is Invalid without embossed surveyor's seal. .
REFERENCES
5' 1'? /29
BOUNDARY SURVEY
I /"~30'
SCALE MILLER LAND SURVEYING
I OR ~('t1RO
1121 LAKE AVE.
I FIEI-D ?A,a/(/<,~[ 561-566.2669
9/.2t? /,?? LAKE WORTH, FLORIDA 33460
A DATE
JOB NO.
99-025-6'
S-3~ 83~
Sammy Berry, Jr., P.A.
Attorney At Law
516 S. Dixie Hwy. #1A
Lake Worth, Florida 33460
(561) 585-0345
Fax (561) 585-5571
f
516 S. Dixie Hwy. #1A
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: ! fOIl ~ ~ rn 0 Wi rn rnI
Please accept this letter as my consent to allow Kimberly A. DeJJastatious to aciI~Jny ~ta-or 1999 ~
purposes of the zoning code variance application.
PLA1.H,ioIG AND
ZON iNG DEPl
ta~~.
AFFI
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 2c1/v day of November,
1999, by SAMMY BERRY, JR.
x
who is personally known to me, or
who produced
Nf-r
as identification,
that the matters set forth herein are true and correct to the best of their knowledge and belief.
1";;.... We"'" C MaIllWlll
*~*My CGmmoIsianCC70701.
.....',.1 ~"-'"'rlD.2OIl2
:r:~ :26/ W07.,
MY COMMIS ON EXPIRES