APPLICATION
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PROJECT NAME: Mark Daly Variance
LOCATION: East Railroad Ave., south of SE 8th Ave.
COMPUTER ID: 82-000011
PERMIT #:
I FILE NO.: ZNCV 00-01. If I TYPE OF APPLICATION: Zoning Code
Variance
AGENT/CONTACT PERSON: N/A OWNER/APPLICANT: Mark Daly
PHONE: N/ A PHONE: 561-272-1924
FAX: N/A FAX: 561-272-7741
ADDRESS: N/A ADDRESS:I005 S. Congress Ave. Suite 109,
Delray Beach, Florida 33445
Date of submittal/Projected meetin~ dates:
SUBMITTAL / RESUBMITTAL 7/17/00
1ST REVIEW COMMENTS DUE: 8/7/00
PUBLIC NOTICE: N/A
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 8/22/00
MEETING:
CITY COMMISSION MEETING: N/A
COMMENTS:
J :\SHRDA T A \Planning\SHARED\ WP\PROJECTS\Mark Daly Variance\PROJECT TRACKING INFO.doc
6-20-1995 2:58AM
FRO.4- MA.=<K C. DAL Y 5G 1 364. 71338
P. 1
MARK C. DALY
915 S.E. Third Street
BO}'nton Beach. Fk>rida 33435
August II, 2000
Mr. Jose R. A1fiuo, City Planner
City of Boynton Beach
100 E. Boynton Beach Blvd.
P. O. Box 310
Boynton Beach., Florida 33425-0310
RE: Meeting of August 11,2000
Dear Mr.
Pursuant to our meeting today as.-w. in response to the City's concern fur storm drainage
along the East Railroad Avenue Right-of-Way, we are requesting a postponement of the
Application for Abandonment and the Application for Frontage Variance to the following
dates of September 12th for the Planning and Development Meeting and September 19th
for the City Commission Meeting. As discussed, this should allow enough time for the
City Engineer to contact the relevant people to obtain the necessary information regarding
water volWlle and potential swale requirements.
~'
4C.D~
APPLICATION ACCEPTANcr
" FEE PAID: ~ 82-
ATE: ~ RECEIVED' - STAFF MEMBER: -
RECEIPT NUMBER: E:fJO II
~V - ()j1ti$ 0/4
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES:
Please Print lin ink) or TVDe ~ .
Submittal Date: 7 DO
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:
I
Lot(s) SYL LoT l~ t La T , 4-, LOll r f-LoT1t
/ /
Block
1/ c: //
JlAtJ!AwAV P/lf(K
.
, Subdivision
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Page , '7 or otherwise described as follows:
C:A5T R.AIc-f(oAlJ .Ihle, 5O,dF5 €. 8t!JJft- eat)
,
Plat Book
Property Address
K(~ '.
Variance requested. FfioA/-r1J G€.
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,
old, indicating:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
(!) 2.
All property lines
North arrow
Existing structures and paving
Existing elevations
Rights-of-way, with elevations
Easements on or adjacent to the site
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
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ZONING :'(""i
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Two site olans properly dimensioned and to scale showing:
Page 2
Zo . g 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
04.
5.
o
0- B.
C0
(2)
8
(7)
C!l'
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 (1st class--
stamps or payment for required postage).
Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an agent is submitting the Detition. a notarized CODY of a letter desianatina him as
such must accompany the Detition.
,
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 print or
type) :
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;
That the special conditions and circumstances do not result from the actions of the
applicant;
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;
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 would work unnecessary and undue hardship on the applicant;
That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
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 injurious to the area involved or
otherwise detrimental to the public welfare.
C.
D.
E.
F.
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.
Na~e and address of owner: M A /1< D A L Y/ ~'5' )'E. 3 ~ f~ 'I no,vJJ~J.1 Jflc1;A
Name of applicant: Dtl~L. C;C/l/~Y
,.
Applicant's address: /oa'5" S. /!.;o/\/ GRE~S .JlV~, r 11 /o~1 DeLIA/Rei/; F2 331j.~
Applicant's phone #: (S'" ~ l) "27 G- - 1 ~ 24- * "# t ((j ) 1..7<' - 774-1
Date: 1 //4- / 60 Signature of Applicant'
. "'
8.
TO BE COMPLETED BY PLANNING AND ZONING
1.
Property is presently zoned:
t-3
formerly zoned: /J1 '- L
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 BY BOARD
PLANNING AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
,.
.f
..'
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
APPLlCANrS PROPERTY.
<5/h("L G.:r:~
PLICANT/AGENT
(:p;(OV![)€/j lA)lr~ 464/1./l)o/J/IleAfr
?t!tf17iON) .
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
A TTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(561) 355-3881
S:\PLANNlNG\SHARED\WP\FORMSIAPPS\ZNCV\ZNCV.APP
Junel,1997
..'
July 12, 2000
Mark C. Daly
915 S. E. Third Street
Boynton Beach, FL 33435
Mr. Michael Rumpf
City of Boynton Beach
Planning & Zoning Department
100 East Boynton Beach Blvd.
Boynton Beach, FL 33425
RE: Applications for Road Abandonment & Variance
Dear Mr. Rumpf,
Please accept this letter as Notice of Agency with regard to my applications
presently before your department. I have asked Burl Gentry of Gentry Engineering to
assist me in developing the necessary site plan and other documentation required by these
applications. Please accept him as my agent in these matters.
Thank you for your continued assistance.
~-~~~
/
cc: Mr. Burl Gentry
~
G) CHERI B. JONES
MY COMMISSION # CC 930225
'. EXPIRES: Jun 25, 2004
l-B003-NOTARY FL Notary Service & Bondlng, lno.
GENTRV E~u~NEERING AND LAND SUh.eVING, INC.
P.O. BOX 243
DELRAY BEACH, FLORIDA 33447-0243
PHONE: (561) 272-1924. FAX (561) 272-7741
MEMBER
AMERICAN SOCIETY OF CIVIL ENGINEERS
AMERICAN CONGRESS OF SURVEYING & MAPPING
MEMBER
FLORIDA SOCIETY OF
PROFESSIONAL LAND SURVEYORS
July 14, 2000
Micheal W. Rumpf
Director of Planning and Zoning Dept.
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Fl. 33425
Re: Mark Daly
Variance Application
E. Railroad Avenue
Dear Mike,
As agent for Mark Daly, 915 SE 3rd Str., Boynton Beach, Fl., I am submitting
the variance for the required frontage as noted in the zoning ordinance covering C-3 zoning.
You will note in the attached application that the owner currently has 179'+ frontage with
the intent to dedicate an ingress, egress easement to replace the abandoned right-of-way,
the ingress, egress easement will provide the required frontage. The property owner is
asking for you to consider the above so that the variance application will not be necessary
and you would return his application fee, if you do not agree, then the owner wishes to
continue with the variance application.
If you should have any questions or should wish to discuss the above, please
contact my office.
Sincerely,
Gentry Engineering nc.
l~~~~
Ln ~ . JUL I 1 LvuU
~fLAN-I~Il\i ,~~
ZONING
EXHIBIT "e"
Re: Mark Daly
Variance application, E Railroad Avenue, adjacent S 1/2 Lot 13, Lots 14, 15, 16 Blk E,
Hathaway Park,
Responce to item 5 ( Statement of special conditions, justifying the requested
exception, City of Boynton Beach, Zoning Code Variance ApplicationJ.
A. That special conditions and circumstances which are peculiar to the land.
This property fronts on East Railroad Avenue ( 176.80' ), a unimproved 30' right-
of-way which the City of Boynton Beach does not intend to improve and maintain and
the property owner is petitioning for abandonment, with the intention of constructing
the required private drive and parking with ingress, egress easement to provide access
to the property tenants, the public and for city services, therefore the ingress,
egress easement will provide the required frontage.
B. That the special conditions and circumstances do not result from the actions of the
applicant. The 30' right-of-way was created by the subdivision plat at a time when
30' road right-of-ways were acceptable and the fact that t~e roadway has not been
constructed adjacent to the railroad is generally common throughout the city of
Boynton Beach.
c. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this ordinance to other lands. The approval of this actio~
will allow the applicant to comply with the requirements of this ordinance and not be
considered as a special privilege.
D. That literal interpretation of the prov~s~ons 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. The abandonment of the 30' right-of-way which the applicant feels is
necessary to justify him improving the property and constructing the access roadway
as a private roadway will leave only a 30' frontage at the end of the abandoned
30' right-of-way and the property line. The City acceptance of the ingress, egress
easement for the required frontage will treat this property the same as other properties
in the same zoning for frontage.
E. That the variance granted is the m~n~mum variance that will make possible the reasonable
use of the land. The acceptance of the ingress, egress easement for the required
frontage, justifies the applicant constructing the required access roadway and as a
private roadway allows the required control of said roadway to protect tenants property,
the site improvements and the public as they access the property for services offered.
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 injurious to the area
involved or otherwise detrimental to the public welfare. The granting of this variance
will allow the applicant to develop the property as required by the ordinance and
the proposed ingress, egress easement will provide safe access to the public and will
improve the area involved.
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1.m. S.E. Jrd Street and Vicinity
The residential-zoned portion of this area should be protected from
encroachment by commercial uses by maintaining the existing R-2 zoning.
In add1t1on, spec1al attent10n should be given to site planning, use
l1m1tat1ons, buffers, and setback requirements on the commercially-zoned
parcels Wh1Ch surround this residential area. In particular, bUildings
on the C-J zoned lots which abut the FEC tracks between S.E. 6th Avenue
and S.E. 12th Avenue should be limited to 2 stories (25 feet), in order
to ensure compatibility with the residences which lie to the east. In
order to minimize industrial and commercial traffic on S.E. 12th Avenue,
access to Gulfstream Lumber, should be prohibited on S.E. 12th Avenue
and other local streets in the vicinity, if this use is expanded.
1.n. Undeveloped Parcel Adiacent to Intracoastal Waterway. at S.E. 23rd
Avenue and U.S. Hiahwav 1
This parcel is shown on the Future Land Use Plan as Special High De~slty
Residential; however, the Conservation and Coastal Management Elements
recommend that the portion of this parcel which is vegetated by
mangroves be preserved as such. In recognition of the need to preserve
these mangroves, this site has been placed in the Conservation Overlay
category on the Future Land Use Map.
1.0. Neiahborhood in Vicinity of S.E. 20th Avenue and S.E. 3rd Street
This is a small neighborhood, which is largely surrounded by commercial
uses, and which is showing some signs of deterioration. The existing
zoning allows for multiple-family, duplex, and single-family housing,
and as a result, a mixture of housing types has been established.
Several actions should be taken in order to upgrade this neighborhood
and prevent further decline: First, the City should consider
acquisition of property along the FEC tracks for a mini-park, which
should be construed to be in the Recreational land use category, if
acquired for such use; second, the-city should pay particular attention
to minimizing conflicts between surrounding commercial uses and the
residential uses that are located in this neighborhood; third, the City
should provide concentrated code enforcement, in order to help improve
the condition of buildings, yards, and swales; finally, buildings should
not be permitted to exceed 2 stories (25 feet), in order to minimize
encroachment on the low-rise residences in this neighborhood.
l.p. Parcels at Northwest Corner of U.S. 1 and Old Dixie Hiahwav
Due to the limited demand for commercial floorspace along this segment
of U.S. 1, the Coastal Management Element originally recommended that
these parcels be taken out of the Local Retail Commercial land use
category, and placed in the Special High Density Residential category.
However, because a site plan and construction drawings for a shopplnq
center on this site have been approved by the City, the City CommisSlon
decided to keep these parcels in the Local Retail commercial land use
category.
75
PRE-APPLICATION TRACKING LOG
PRE-APPLICATION MEETING
Contact Date: 1217/98
Meetin2 Date: 12/11/98 Time: 2:30 PM
PURPOSE OF APPLICATION: ABANDONMENT OF RIGHT -OF- WAY
PROJECT NAME: PER.l\fIT NO.: 98-5300
Attending Staff: Dan DeCarlo, Bob Donovan, Ken Hall, & Ed Yates
Attending for Applicant: Mark Daly
Phone: (561) 364-4072 Fax:
Name of Owner: Mark Daly
Address: 915 SE 3rd St.
Boynton Beach, FL
Phone: (561) 364-4072 Fax:
Name of Applicant/Contact: Mark Daly
Address:915 SE 3rd St., Boynton Beach
Phone: (561) 364-4072
Project Address: 915 SE 3rd St. - 30 ft. road right-of -way that passes to the west
side oflots 13,14, 15, & 16
PCN: 08-43-45-28-23-005-0130 & 0150
Phone: I Fax:
Type of Application:
Type of Business:
Date Submittal Received:
Received:
I Date Denied:
COMMENTS:
Question of FEC status on request for abandonment
J:\SHRDATA\Development\PRE-APPLICATION TRACKING LOG FORM.doc
PRE-APPLICATION TRACKING LOG
PRE-APPLICATION MEETING
Contact Date: 1217/98
Meetine Date: 12/11/98 Time: 2:30 PM
PURPOSE OF APPLICATION: ABANDONMENT OF RIGHT-OF-WAY
PROJECT NAME: PERl\UT NO.: 98-5300
Attending Staff:~Donovan, Ken Hall, & Ed Yates
Attending for Applicant: Mark Daly
Phone: (561) 364-4072 Fax:
Name of Owner: Mark Daly
Address: 915 SE 3rd St.
Boynton Beach, FL
Phone: (561) 364-4072 Fax:
Name of Applicant/Contact: l\'lark Daly
Address:915 SE 3rd St., Boynton Beach
Phone: (561) 364-4072
Project Address: 915 SE 3rd St. - 30 ft. road right-of -way that passes to the west
side of lots 13, 14, 15, & 16
PCN: 08-43-45-28-23-005-0130 & 0150
Phone: i Fax:
Tvpe of ADDlication:
Type of Business:
Date Submittal Received:
Received:
I Date Denied:
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J:\SHRDA TA \Development\PRE-APPLICA TION TRACKIi'lG LOG FOR.J.\rI.doc
PRE-APPLICATION MEETING
SIGN IN SHEET
PLEASE PRINT
MEETING DATE: i/;,/ J J l'l?
APPLICANT: RK PAt Y
PERl\UT NO.: 1 a .. .5: ~~t!J
City of Boynton Beach
Attendin Staff
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Attending for Applicant
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