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APPLICATION a..ePARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 99-045 TO: Sue Kruse City Clerk ~r'v.c-- FROM: Michael W. Rumpf Acting Planning and Zoning Manager DATE: February 18, 1999 SUBJECT: Private Members Only Club File No.: ZNCV 99-002 (required parking lot distance from building) Accompanying this memorandum you will find an application and supporting documentation for the above- referenced case. A check in the amount of $400.00 to cover the review and processing of the application requests has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. The requested variance is scheduled for the March 23, 1998 Planning and Development Board Meeting. MWRbme Attachments S:IPlanningISHAREDIWPIPROJECTSIPrivale Members OnlylPKL Vllegal.doc REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a Legal Notice of Legal Advertisement published and must be submitted to the Office of the City Attorney eight (8) working days prior to the first publishing date requested below. ORIGINATING DEPARTMENT: Plannina and Zonina Division PREPARED BY: Daniel DeCarlo DATE PREPARED: February 18. 1999 BRIEF DESCRIPTION OF NOTICE OR AD: Plannina and Develooment Board Notice for ZNCV 99-002 (reduction of oarkina lot distance from buildinal - Private Members On Iv Club SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD LEGAL AD in Palm Beach Post SEND COPIES OF AD TO: Aoolicant and Plannina and Zonina Manaaer. Newsoaoer NEWSPAPER(S) TO PUBLISH: The Post LAST DAY TO FAX TO NEWSPAPER: March 5.1999 DATE(S) TO BE PUBLISHED: March 8. 1999 APPROVED BY: /1.- 1',-" /c-- (Originator) 3/515,5 (Date) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: S:IPLANNINGISHAREDlWPIPROJECTSIPrlvale Members OnlyIPKLVlLEGAL.DOC NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7:00 P.M. on Tuesday, March 23, 1999, at City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider the application for a ZONING CODE VARIANCE on the following described property: Applicant: Boynton Michael Realty, Inc. Agent: Robert E. Fetrow, Gator Engineering Seryices, Inc. Owner: Boynton Michael Realty, Inc. Location: 1107-1109 N. Federal Highway Variances Requested: Request for a variance from the City of Boynton Beach Land Development Regulations, Chapter 2 - Zoning, Section 11.1.2 to allow for relief from the required parking lot distance from building. Legal Description: LOT 3, BLOCK A, LAKE ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT OF WAY FOR U.S. HIGHWAY NO.1 (STATE ROAD 5). AND LOT 2, BLOCK A, LAKE ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 71 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE RIGHT OF WAY FOR U.S. HIGHWAY NO.1 (STATE ROAD 5). AND LOT 15, WILMS WAY, 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 23, PAGE 110; LESS THE WEST TEN FEET (10') OF SAID LOT 15, TOGETHER WITH THAT AREA OF LOT 15 INCLUDED IN THE EXTERNAL AREA FORMED BY A TWELVE FOOT (12') RADIUS ARC TANGENT TO THE NORTH LINE OF SAID LOT 15 AND TANGENT TO A LINE TEN FEET (10') EASTERLY OF AND PARALLEL TO THE WEST LINE OF SAID LOT 15. All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of proceedings, and for such purpose, may need to ensure that a verbatim record of the proceeding 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 - March 8,1999 S:IPlanningISHAREDlWPIPROJECTSIPrivale Members OnlylPKL Vllegal.doc .- PROJECT NAME: PRIVATE MEMBERS ONLY CLUB LOCATION: 1107-1109 N. Federal Hwy. COMPUTER ID: Private Members Only\PKLV PERMIT #: I FILE NO.: PKLV 99-001 I TYPE OF APPLICATION: Parking Lot Variance AGENT/CONTACT PERSON: OWNER/APPLICANT: Robert E. Fetrow Boynton Michael Realty, Inc. PHONE: 841-9990 PHONE: 734-8866 FAX: 841-9991 FAX: 735-0689 ADDRESS: 7289 Garden Road, Suite 104 ADDRESS: 115 N. Fed. Hwy WPB, FL 33404 Boynton Beach 33435 Date of submittallProiected meetine: dates: SUBMITTAL / RESUBMITT AL 2/17/99 1ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: OUT/CITY ATTY: 3/3/99 CITY CLERK/FAX: 3/5/99 ADVERTISE/MAIL: 3/8/99 TRC MEETING: PROJECTED RESUBMITTAL DATE: ACTUAL RESUBMITTAL DATE: 2ND REVIEW COMMENTS DUE: LAND DEVELOPMENT SIGNS POSTED (SITE PLANS): PLANNING & DEVELOPMENT BOARD 3/23/99 MEETING: CITY COMMISSION MEETING: 4/6/99 COMMENTS: S:IFORMSIPROJECT TRACKING INFO CITY OF BOYNTON BEACH, FLORIDA PLANNING & DEVELOPMENT BOARD APPLICATION FOR VARIANCES TO PARKING LOT REGULATIONS This application must be filled out completely and accurately and submitted in two (2) copies to the Planning and Zoning Division. Incomplete applications will not be processed. PLEASE PRINT LEGIBLY OR TYPE ALL INFORMATION. 1. Project Name of site upon which parking lot is located: Private Mp-mhp.r~ nnly rlnh 2. Date this Application is submitted: February 1999 3. Applicant's Name (person or business entity in whose name this application is made): Bovto" Micha~l Rpal~y. Tnr Address: 115 N. Federal Hi\1hw"y r R()y~()n Rparh. FT. (zio code) 3141'; Phone: 'ifi1_7~4_RR':;':; Fax: 561-735-0689 4. Agent's Name (person, if any, representing applicant):. Roh~rt 1': FaoTY"t"\tJ'D H' G~rnr Rnq;np~r;ng ~pr'T; i""OC:: Tnro . Address: 7?Rq ~~rnQn ~n~~ Suite 104 . (zio code) 33404 Phon~ 'ifi1_R41_QQQn Fa~ 'ifi1_R41_QQQ1 . A letter from the applicant or owner authorizing the agent is required. 5. Property Owner's (or Trustee's) Name: R()y~()n Mi,"hapl Rpal~y. Tnr Address: 115 N Fpnpral JHgh"'~L R()y~()n l'\parh. FT. (ziocode)1141'i Phone: 561-734-8866 Fax: 'i1';1 7~'i_n':;RQ 6. Correspondence Address (if different than applicant or agent)**: ** This is the onlv address to which all agendas, letters, and other materials will be mailed. 7. What is applicant's interest in the premises affected? Ownpr (Owner. Buyer, Lessee. Builder. Developer. etc.) p'aae 2 Apolication for Varianc to Par'kina Lot Reaulation:s Street Address of Location of Site upon which Parking Lot is located: Lot 1 5 Wi lms Way and 1107_11nQ N FQ~Dral H~y_, ~9yt9R SQ~~~, ~T 9. Legal Description of Site upon which Parking Lot is located: See Attachment 1 for Buildina Site. See Attachment 2 for 8. parkinq Site. 10. Intended Use(s) of Site upon which Parking Lot is located; 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Off ~i~~ P~r~;n~ Developer or Builder: Arch itect: Landscape Architect: Site Planner: Engineer: Gator Enaineerina Servi c~" r Tnc Surveyor: O'Brien. Suiter & O'Brien Tnc_ Traffic Engineer: Pinnpr Trnnt-m;:!in "nnC!n'....;ng . Tn..... v V V Copy of last recorded Warranty Deed included? (check) Letter authorizing agent (if any) included? (check) Site plan and survey (2 copies each) attached? (check) Number of variances requested on the following sheets: 1 NOTE: A separate sheet must be completed for each specific design requirement (Sec.5-141) or penn it application requirement (Sec.5-142) to which a variance is requested. Representative of the project must be present at all Technical Review Committee, Planning and Development and City Commission meetings held to review this project. The undersigned hereby petitions the Planning and Development Board to grant to the petitioner a variance to Article X "Parking Lots", of Chapter 5, "Building, Housing and Construction Regulations", of the Code of Ordinances of the City of Boynton Beach, Florida, as it pertains to the property described in this application, and for the reasons stated below: Section, Subsection, and Paragraph number of specific requirement to which variance is requested, and exact language contained in the Code: Chapter 2-Zoning, Sec. 11(1)(2). Required Parking Spaces for All Other Uses Shall be Owned by the Owner of the Building or Lot to be Served, and Shall be located on the same Lot, or not More Than Three Hundred (300) Feet Distant, as measured along the nearest Pedestrian wal~way. Nature of Variance Requested: w~ C:9-n not Meet 300 Feet Distance RPQlli rpmpn~ ()"r Lot. ~~ Mp;:p:::.n,....on Along Ppnp~rri.:=tn W.:=tlkw~y ;c:: C::;v Unnnron Pi-f....y Poo+-. ((<;1:)01) Awav. Paqe 3 Application for Variances to parkinq Lot Requlations Statement of Special Conditions, Hardships, or other reasons Justifying the Requested Variance (attached additional sheets if necessary); ~p~ Arr~~hmonr * ~ (1)(We) understand that this application and all papers or plans submitted herewith become a part of the permanent records of the Planning and Zoning Board. Signature of Applicant or Agent: ~. 17; /c;;qq , ements or showings made in any papers or plans wledge. This application will not be accepted unless (1)(We) hereby certify that the above stateme ts a submitted herewith are true to the best of ) signed below. Date: =================================================================================== SPACE BELOW THIS LINE FOR OFFICE USE ONL VII Date received by Planning Division: Date reviewed by Technical Review Committee: Dates of Advertising for Public Hearing: Date of Public Hearing before Planning and Development Board: ACTION: Approved Denied Aye Nay STIPULATIONS; S:\PLANNING\SHARED\WP\FORMSIAPPS\PKL v\PKVAPP.WPD Attachment #1 CITY OF BOYNTON BEACH, FLORIDA PLANNING & DEVELOPMENT BOARD APPLICATION FOR V ARlANCE TO PARKING LOT REGULATIONS LEGAL DESCRIPTION Lots 2 and 3, Block A, Lake Addition, 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 71 and That portion of the North 20 feet of the South 185 feet of Govennent Lot 3, Section 22, Township 45 South, Range 43 East, lying East of the Easterly right-of-way of the Florida East Coast Railroad and West of the Westerly right-of-way of State Road 5, (U.S. Highway #1). Attachment #2 CITY OF BOYNTON BEACH, FLORIDA PLANNING & DEVELOPMENT BOARD APPLICATION FOR VARIANCE TO PARKING LOT REGULATIONS LEGAL DESCRIPTION Lot 15, Wilms Way, 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 23, Page 110; Less the West ten feet (10') of said Lot 15, together with that area of Lot 15 included in the external area formed by a twelve foot (12') radius arc tangent to the North line of said Lot 15 and tangent to a line ten feet (10') Easterly of and parallel to the West line of said Lot 15. Attachment #3 CITY OF BOYNTON BEACH, FLORIDA PLANNING & DEVELOPMENT BOARD APPLICATION FOR VARIANCE TO PARKING LOT REGULATIONS VARIANCE mSTIFICATION STATE~ We request this variance for 1107 and 1109 North Federal Hwy., Boynton Beach, FI. due to the fact that subject property can not meet the minimum requirements for on site parking. The parcel is located in the C-4 zoning district. We looked at required parking for all uses which are allowed within this zoning district, ours included, to see if required parking could be meet for any use. We have detennined that regardless of use, subject property can not meet the minimum on site parking requirements. Therefore, we propose to develop another site to meet the parking requirements. This parcel is also owned by the applicant and a unity oftitIe shall be applied for tying both properties together. Unfortunately the nearest distance to the site along a pedestrian walkway is six hundred and fifty feet (650.0') which is in excess of the three hundred feet (300.0') required for off site parking. Due to the fact that we have no other options for meeting the parking requirements as set forth by the City of Boynton Beach Land Development Regulations we feel a variance is in order relieving us from the requirements as set forth in Chapter 2 - Zoning, Section 11 (I) (2). 'Thla inIlrwnent wu prepared by; . ~:"1!~~:~!~.'1:~~2~ .' Return to: Name Th::mas J. vmiley, Jr., Esquire Address P .n. nn..-r ;,1,1 RQynton -",..h. FT, 33425 " Grantee 1/2 s.s. No. Property Appraiser's Parcelldentiflcatlon No. 08 43 45 21 32 008 0020 08 43 45 21 32 008 0030 KAt-1!-1'N6 f2:4gplI 96-'.(0321 S om 9185 F9 606 (.. _lIIn .. Con lSthlDJ.OO Oac f,OSU.OO OOROffiY fr. (fID.EJ(, C1.Eii\ P8 COUNTY, fl. Grantee 1/1 5.S. No. WARRANTY DEED (ST A1UI'ORY PORM - SECTION 689.D2, P.5.) This Indenture, made this ( ~ /J.- day of M.u:ch 19 96. Between J. Malex>lm Chaptan, a narried rran, co.nveying his separate oon-hanestead real property whoaepostofficeaddressll 1201 No. SWinton Avenue, De1ray Beach, FL 33444 of the County of Palm Beach . Stale of Florida . granto.... and Boynton luchael Realty, Inc., a Florida co:r.poration whoaepostofficeaddressll illS No. Federal Highway, Boynton Beach, FL 33435 ofthe County of Palm Beach . Stale of Florida . grantee". Witnesseth that said grantor. for and in consldemtlon of the sum of Ten <md No/100 ($10.00) DoDan. and other good and valuable conalderatlons to said grantor In hand paid by said grantee, jIe receipt whereof II hereby acknowledged. baa granted. bargained and IOld to the said grantee. and grantee's heIn and Ualsna forever. the following deac:ribed land, altuale, IYJns and being In Palm Beach County, PIorida, ta-w1t: Lots 2 and 3, Block A, Lake 1\ddition, according to the Plat thereof on file in the office of the Clerk of the Circuit .Cbrirt in and for Palm Beach County, Florida, recorded in Plat Book 11, Page 71 and That portion of the North 20 feet of the South 185 feet of Govemment Lot 3, Section 22, Township 45 South, Range 43 East, lying East of the Easterly right-of-way of the Florida Fast Coast Railroad <md l':rest of the westerly right-of-way of State Road 5, (U.S. Highway fIl). Grantor affinns that subject real property is not his b:lrestead and that he resides at 1201 No. SWinton Avenue, Delray Beach, Florida 33444. and said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. ""Grantor" and "grantee" are used for singular or plural, as context requlrea. In Witness Whereof, grantor has hereunto set grantor's hand and aeaI the day and year fIrat above written. --' "'-..-- ~~._ t2!. , .,.." <>;::-...1- T..cr-, -,,;;'<tt.. .-L ~_=,. z:::::: (Seal) (Second Wlme:moMAS J. WOOLLEY, Jr. Printed or typed name: Grantor Printed or typed name: STATEOP FLORIDA COUNTY OF PAIM BEACH 1liE POREGOING INSTRUMENl' was ac:knowlec1ged before me this 19....94 by ,1. M;o, 1 ",,1m r'h""",,,n produced 1>Pr=nal ly Known ..;. ...- ~ (J~yof MArch . who II (or are) personally known to me or who baa . as identification and who did (did not) take an oath. -- My commission expires: (Serial Number. if any) F-761 (rov. 12/91) Nrn:-PPRINT !>>.Ift'~o..D R :820' --. - ........------_.~--..' / 'l'hat8a J. ~, Jr., Eaqu:U::e P.O. Drawer JJ Boynt:c.D Beach, FL 33425 - tw.___........"': ...._ "l.'hc:Inaa J. ~r .Jr.. .~ .p.o. n... Jer JJ BoyntXJn BelICh, J!'L 33425 Esqu1.re -- 08 43 45 22 08 000 0150 --c.......(aI r Con 0lIl0 tllY H. 4-'S-1'NT Z;~5fotI Q7-250'1.3'5 0ClS 9890" 6SS -- .._--- 1.00' Doc . ,7U W<<'IIE'N. ct.EllP: P6 CIXlNl'Y.. ft. . ~~~_. ~AMW8-'-~JIIDIlf ~DATA 8PACa.A8C'tll~u..~-~--oDATA 1IIqt. CQuit QIJaim .!IUeb. E.Nc..ud II" q -> da}1 qf Lu1d __ or t:he /lnt p1J"Y. 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"~t ~ 10...10 be aM ~cIoHdbod la aad who D&CCU1Od... fonaol...I..---. wlllo ack_ledpd be'- _ that ..... --=-.... .. -. .... _ DMIt. __ Ml1 '*-- (Cbeck one:) II SaId penon<s) ..,.... ~lIy It..- 10 _. a Saki ~n.oa(.) pnwl.ded .... fOlIowlq .".. or .....ltIoMIoIc ) ) t bentty Cenlfy ca. _......-.,.. bd'_... _ am-- duIJ'............ 10 MlDbllaIa' 0lI.CbIi ad take _know........... pcnanaJly appeued NOTAIIY "WaD n..... ..... :-~.;;-- - ~?"- -- :':.":;;;: ~~ .'~ ) -- ~y ~_ 0Ff:1OUoL NOTARY MAL .C7I'~ 8KAROII L ROYAL .: # COMWUIOII MUM.IiiR 00a04:13. ...~ o~ .Y OOMIlM8810N l!.X". OF f\.. 1 __-c;(CioCi;i"" I certify this document to be a true copy of the record in my office ~ (@~'\ this FIRST day of OCTOBER, 1998 \;\ ill. ?J DOROTHY ~EN, Clerk of Court, Palm Beach County, FL ""~Oi ~/ By _ _ .~;~ > ~_ _ ,~_?:: -,: \~.-. :-::. Deputy Clerk LETTER OF AUTHORIZA nON February 15, 1999 To Whom It May Concern: This letter shall act as authorization for Gator Engineering Services, Inc. and Robert E. Fetrow, P.E. to act as agent for Boynton Michael Realty, Inc. in all matters pertaining to the requirements as set forth by City of Boynton Beaches Planning, Zoning and Building Departments in obtaining all necessary approvals. Date: ') - 17 - 1 q Michael DeLuca, President ~40/~~ Who before me this day personally appeared; who being duly sworn, deposes and says that the above is true and correct to the best of her knowledge. Sworn to and subscribed before me this 11 day of ~~Cf1 AD. My commission expires: ~~~~, .'~':rt;~ Elaine McGrath {;r.I/' MYCOMMISSIONICC784196 EXPIRES ;j. ;~: OrtnMr 19 1002 Not~licBONDEDTH{!UTI<OY FAIN INSUIlANCf,INC State of Florida at large