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APPLICATION .. ,:;:.1 ~ .. 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 r- m"W~r 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 "---~I-.~ , ,~.:: PLk,(""" ." ZGNiiW ,---~. 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: .. Property Address 1620 S. ConQress Avenue '. ~~ ~~ ,,,.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: '/ / 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 . ' / PageS . .. 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.