APPLICATION
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PROJECT NAME: Boynton Shoppes
LOCATION: 1620 South congress Ave.
COMPUTER ID: 82-000010
PERMIT #:
I FILE NO.: ZNCV 00-'013 I TYPE OF APPLICATION: Zoning Code
Variance
AGENT/CONTACT PERSON: OWNER/APPLICANT: Boynton Shoppes
Robert E. Basehart, Basehart Consulting,
Inc. PHONE: 561-997-0045
PHONE: 561-833-3114 FAX: N/A
FAX: 561-833-3293 ADDRESS: 943 Clint Moore Road, Boca
ADDRESS: 333 Southern Blvd., Suite 200, Raton, Florida 33487
West Palm Beach Florida, 33405
Date of submittal/Projected meetine dates:
SUBMITTAL / RESUBMITTAL 7/12/00
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 9/11/00
Re-advertised 11/13/00
TRC MEETING: 10/1 0/00
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 11/28/00
MEETING:
CITY COMMISSION MEETING: 12/05/00
COMMENTS:
\\Ch\main\SHRDATA\Planning\SHARED\WP\PROJECTS\Boynton Shoppes (ZNCV Side Setback)\PROJECT TRACKING INFO.doc
Revised 10/18/00
APPLICATION ACCEPT A' .S C' ~E: ~ RECEIV"~ ~ BY ~T AFF MEMBER: 9,-A-
FEE PAID: ~c:R . RECEIPT NUMBER:
CNCV;- 00-013 CITY OF BOYNTON BEACH
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ZONING CODE VARIANCE APPLlCATI~F:.,.. ~-
SUBMITTAL DEADLINE: SEE SCHEDULE OF DATES FOR BOARD Ui~TINUs\A.~O."
SUBMITTAL DATES: .
Please Print (in ink) or TYDe
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Submittal Date: 7/12/0C
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):
peNH 08-43-45-32-00-000-3040
Property involved is described as follows~ Lot(s) 3040
Block 000
Subdivision 00
Plat Book N/A
Page or otherwise described as follows:
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Property Address
1620 S. ConQress Avenue
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,,,.51 \1.'5"
30lto ~ or a ~ variance
Variance requested . Side Yard Setback (S-5-F.7.e)
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. not over six (6) months
old. indicating: .
A. All property lines
B. North arrow
C. Existing structures and paving
D. Existing elevations
E. Rights-of-way. with elevations
F. Easements on or adjacent to the site \
G. Utilities on or adjacent to the site
H. Legal Description
I. Number of acres to the nearest one-hundredth (1/100) of an acre
J. Location sketch of property
K. Surveyor's Certificate
2. Two site Dlans properly dimensioned and to scale showing:
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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 (1st 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 submittina the Detition. a notarized CODY of a letter desianatina him as
such must aCCOmDany 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 (Please orint or
tyoe) :
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 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
reasonable use of the land, building or structure;
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.
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: Boynton Shoppes, 943 Cl i nt Moore Rd. . Boca Ra ton . FL 33487
Agent
8. Name of a~~ Robert E. Basehart, R;:l'::.ph;:l rt Cnn<;,J1 t i ng J Inr
Agent's
~mJ~~~ address:
Agent's
~~~~RlA's phone #:
333 Southern Blvd., Suite 200. West Palm Beach. FL 33405
Date: 7/11/00
(561) 833-3114
Agent bJ.tJ..n~~ n ~
Signature of~~:~ ~
TO BE COMPLETED BY PLANNING AND ZONING
1.
Property is presently zoned:
fonnerly 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
f
TO Be FILLED OUT BY BOARD
PLANNING AND DEVELOPMENT BOARD: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
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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
APPLICANT'S PROPERTY.
~E~
APPLICANT/AGENT
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:\PLANNING\SHARED\WP\FORMS\APPS\ZNCV\ZNCV.APP
JuMl, 11t7
BOYNTON SHOPPES
SIDE SETBACK & GREENEST VARIANCES REQUEST
JUSTIFICA TION STATEMENT
The purpose of this request is to obtain approval ofa variance from the provisions of Sec. 5-F. 7.e of
the Zoning Code (side interior setback), to allow a 17.5 foot setback in lieu of the normally required
30 foot setback, and from the provisions of Sec. 5-F.7.f(greenest), to allow a 5 foot wide landscape
buffer along a short portion of both the east and west property lines in lieu of the normally required
10 feet; to accommodate the development of the final portion of the Boynton Shoppes PCD. The
project is located on the east side of Congress Ave., approximately 200 feet south of Woolbright
Road, adjacent to the south side of an existing Amoco StationlMcDonalds that is located at the
intersection. The project wraps around the AmocolMcDonalds facility and extends northerly to
Woolbright Road. The project has been developed with an oil change facility, a tire store and detail
shop and retail stores that total 18,530.9 square feet and all orient to Congress Avenue. An entrance
and exit drive connecting to Woolbright Road has also been constructed.
This application relates to the portion of the property that extends from the primary development area
to Woolbright Road. The width of the property is only 117.3 feet and is sandwiched between the
AmocolMcDonalds project on the west and a retail bank facility to the east. The portion ofthe bank
site adjacent to the subject parcel is used as an access drive for their drive-in tellers. The applicant
is proposing to construct a 3,000 square foot building in the area between the entrance drive to the
overall project and the east property line. The proposed building will be 40 feet wide and 75 feet
d~ep. The eastern half of the building will be a fast food restaurant, with a drive-thru window and
the eastern half will be a retail shop. Unfortunately due to the severe site constraints imposed by the
width of the property, which can not be expanded due to existing development on both sides, a usable
building can not be developed without the variance relief sought.
The reduced landscape buffer along the west property line is 200 feet long and only 140 feet long
along the west property line. There are established landscape buffers on the adjacent properties on
both sides, effectively expanding the landscaped area separating the uses to a size that is in
conformance with the objective of the Code, to establish a significant visual barrier between uses.
The proposed building is one story, is only 75 feet long and is adjacent to a large open area on the
bank property to the east. The granting of the requested setback variance will not create an
unacceptable reduction of light or air, nor will it create either a physical or visual imposition on the
adjacent property.
The applicant believes that there are special conditions, hardships and reasons that justify the
requested variances, as follows:
1. There are special conditions and circumstances that are peculiar to the land and the business
involved that are not applicable to other lands and businesses in the same zoning district. As
noted above, the width of the property is only 117.3 feet and is sandwiched between the
AmocolMcDonalds project on the west and a retail bank facility to the east. Due to the
severe site constraints imposed by the width of the property, which can not be expanded due
Boynton SHOPPES PCD
Variance Justification
Page 2.
to existing development on both sides, a usable building can not be developed without the
variance relief sought. The location and physical constraints affecting the development of this
site are unusual and can not be resolved without the relief requested. The uses proposed for
the building are permitted uses in the PCD zoning district, and the proposed development
complies with all Code requirements except the two provisions from which relief is sought.
2. Literal interpretation of the provisions ofSec.5-F.7.e & 5-F.7.fofthe Code would deprive
the applicant rights commonly enjoyed by other properties in the same zoning district under
terms of this Ordinance and would work an undue hardship on the applicant. Without the
approval of the requested variances, the applicant would be deprived of the ability to develop
the subject property with a usable building and allowed uses commonly enjoyed by other
properties in the PCD or other commercial districts. The unique physical characteristics of
the subject property as it relates to width and adjacent uses, and as described above, justifies
the requested variances.
3. The special conditions and circumstances making this request necessary do not result from
actions of the applicant. The applicant purchased the property in question in the configuration
that it currently exists, with adjacent properties already fully developed. The existing entrance
road to the balance of the Boynton SHOPPES project does not represent a self created
hardship, because if this entrance road did not exist, the applicant would have to construct
an entrance and develop on site parking and circulation independently, which would result in
the same limitations and impediments facing him presently.
4. The granting of the requested variances will not confer on the applicant any special privilege
that is denied by the Ordinance to other lands or similar businesses in the same zoning district.
As discussed above, there are very few locations within the City that are faced with the same
limiting conditions. The applicant is not requesting any uses that are not normally permitted
and the proposed site plan complies with all requirements of the Code, other than the two
variances sought.
5. The requested variances are the minimum necessary to make possible a reasonable level of
identification for the proposed use. As discussed above, the proposed building is only 3,000
square feet in size and is only 40 feet wide. A reduction in the width of the building would
render it too small to be usable. Further, due to the width of the site, and the inability to
acquire any additionalland~ there is no way to reduce the variances sought, without creating
the need for other types of variances.
BOYNTON SHOPPES
SIDE SETBACK VARIANCE REQUEST
JUSTIFICATION STATEMENT
The purpose of this request is to obtain approval ofa variance from the provisions of Sec. 5-F.7.e of
the Zoning Code (side interior setback), to allow a 12.5 foot setback in lieu of the normally required
30 foot setback; to accommodate the development of the final portion of the Boynton Shoppes PCD.
The project is located on the east side of Congress Ave., approximately 200 feet south of Woolbright
Road, adjacent to the south side of an existing Amoco Station/McDonalds that is located at the
intersection. The project VtTaps around the Amoco/McDonalds facility and extends northerly to
Woolbright Road. The project has been developed with an oil change facility, a tire store and detail
shop and retail stores that tota118,530.9 square feet and all orient to Congress Avenue. An entrance
and exit drive connecting to Woolbright Road has also been constructed.
This application relates to the portion of the property that extends from the primary development area
to Woolbright Road. The width of the property is only 117.3 feet and is sandwiched between the
Amoco/McDonalds project on the west and a retail bank facility to the east The portion of the bank
site adjacent to the subject parcel is used as an access drive for their drive-in tellers. The applicant
is proposing to construct a 3,000 square foot building in the area between the entrance drive to the
overall project and the east property line. The proposed building will be 40 feet wide and 75 feet
deep. The building will house one or two retail tenants. Unfortunately due to the severe site
constraints imposed by the width of the property, which can not be expanded due to existing
development on both sides, a usable building can not be developed without the variance relief sought.
The proposed building is one story, is only 75 feet long and is adjacent to a large open area on the
bank property to the east. The granting of the requested setback variance will not create an
unacceptable reduction oflight or air, nor will it create either a physical or visual imposition on the
adjacent property.
The applicant believes that there are special conditions, hardships and reasons that justify the
requested variance, as follows:
1. There are special conditions and circumstances that are peculiar to the land and the business
involved that are not applicable to other lands and businesses in the same zoning district. As
noted above, the width of the property is only 117.3 feet and is sandwiched between the
Amoco/McDonalds project on the west and a retail bank facility to the east. Due to the
severe site constraints imposed by the width of the property, which can not be expanded due
to existing development on both sides, a usable building can not be developed without the
variance relief sought. The location and physical constraints affecting the development of this
site are unusual and can not be resolved without the relief requested. The use proposed for
the building is permitted in the PCD zoning district, and the proposed development complies
with all Code requirements except the one provision from which relief is sought.
Boynton Shoppes peD
Variance Justification
Page 2.
2. Literal interpretation of the provisions of Sec. 5-F.7.e of the Code would deprive the
applicant rights commonly enjoyed by other properties in the same zoning district under terms
of this Ordinance and would work an undue hardship on the applicant. Without the approval
of the requested variance, the applicant would be deprived of the ability to develop the subject
property with a usable building and allowed uses commonly enjoyed by other properties in
the PCD or other commercial districts. The unique physical characteristics of the subject
property as it relates to width and adjacent uses, and as described above, justifies the
requested variance.
3. The special conditions and circumstances making this request necessary do not result from
actions of the applicant. The applicant purchased the property in question in the configuration
that it currently exists, with adjacent properties already fully developed. The existing entrance
road to the balance of the Boynton Shoppes project does not represent a self created
hardship, because if this entrance road did not exist, the applicant would have to construct
an entrance and develop on site parking and circulation independently, which would result in
the same limitations and impediments facing him presently.
4. The granting of the requested variance will not confer on the applicant any special privilege
that is denied by the Ordinance to other lands or similar businesses in the same zoning district.
As discussed above, there are very few locations within the City that are faced with the same
limiting conditions. The applicant is not requesting any uses that are not normally permitted
and the proposed site plan complies with all requirements of the Code, other than the one
variance sought.
5. The requested variance is the minimum necessary to make possible a reasonable level of
identification for the proposed use. As discussed above, the proposed building is only 3,000
square feet in size and is only 40 feet wide. A reduction in the width of the building would
render it too small to be usable. Further, due to the width of the site, and the inability to
acquire any additional land, there is no way to reduce the variance sought, without creating
the need for other types of variances.
6. The granting of the requested variance will be in hannony with the general intent and purpose
of the Code and will not be injurious to the area involved or otherwise detrimental to the
public welfare. It is the intent of the Code to allow businesses in the City to have adequate
developable area to operate viably, but to provide appropriate separation between buildings.
As noted above, the bank facility located to the east is fully developed and its physical
building improvements are located substantially further away from our common property line
than is required by the Code. Consequently, the separation of buildings that will result if the
requested setback variance is granted will be far greater than is required by Code, and
therefore does not violate the intent of the Code.
Boynton Shoppes PCD
Variance Justification
Page 3.
To mitigate any potential impact of our requested reduction in width, the applicant would be willing
to intensify the amount of plant material in our eastern perimeter buffer adjacent to the building, if
the City feels such is necessary. However, it is our opinion that intensification adjacent to the mature
landscaping of the adjacent sites is not necessary to establish a meaningful visual separation of
activities. Considering the unique circumstances facing this property, approval of the requested
variance will not violate the intent of the Code.