LEGAL APPROVAL
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LEGAL I APPROVAL DOCUMENTS
DEPARTMENT OF DEVELOPMENT
Bulenl L KDstarlDIc, ALl, NCARB
Dinctor ofDnelopmenl
8uilding
Planning cI: Zoning
Engin<<ring
OccupoliD1IIIllil:_
Community RMlnelopmmt
December 18, 1998
Mr Jeffrey Anderson
Stor-AII
1375 W Hillsborough Blvd.
Deerfield Beach, FL 33442
RE. SIDEWALK WAIVER REQUEST - STORALl, E. INDUSTRIAL AVENUE
Dear Mr Anderson
Pursuant to the waiver requirement of the Boynton Beach Code of Ordinances,
sidewalk requirements may be waived for an individual lot. In consideration of your
application for a waiver of sidewalk requirement, our Department inspected the
property at the above address. I understand that StorAII will provide a "bleed-down
device" to allow excess run-off from the street to enter the retention pond. This,
combined by the fact that the City is currently making preparations for redesigning
and rebuilding Industrial Avenue toward providing a second egress from the area, is
justification for reconsideration of the waiver which was denied in my letter of October
5, 1998
Accordingly, this letter serves as official APPROVAL of your application for
waiver of sidewalk requirement. This is based on Chapter 22, Article I, Section SA,
Land Development Regulations.
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Bulent I Kastarlak
Director of Development
BIK/nb
XC Karyn Janssen, Kilday & Associates, 1551 Forum Place, Suite 100A
West Palm Beach, FL 33401 (via U S. Mail & Fax 689-2592)
Ray Davidson, P E., Acting City Engineer
Don Johnson, Deputy Building Official
Michael Haag, Building Code Permit Administrator
Bob Donovan, Permit Application Group Supervisor
Sebastian Puda, Engineering Inspector
Peter Mazzella, Assistant to the Utilities Director
Scott Blasie, Code Compliance Supervisor
America's Gateway to the Gulfstream
100 East Boynton beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 742-6371 Fax: (561) 742-6357
Variance Request Response: Stor-AIl (1-95 and Boynton Beach Blvd.)
Proposed Variance Request: ThIS IS a request for rehef from the reqUIrements of Article ill,
SectIon 11 WhICh would reqUIre that a sidewalk be constructed along the subject property's frontage
of Industnal A venue. The applIcant would argue that requmng that thIS sIte plan mclude a sIdewalk
IS not appropnate because no other sIdewalks eXIst wIthm the entIre area of thIS mdustnal park that
could meet up at this locatIon In effect, Implementmg thIS reqUIrement wIll result m a SItuatIOn
where a smgle busmess wIll mcur the expense of buIldmg a sIdewalk which wIll not connect to any
other sIdewalks m thIS nnmedIate area. Overall, requmng the applIcant to bUIld a sIdewalk IS
unwarranted gIven the general mdustnal character of thIS partIcular area, as well as the lack of any
other eXIstmg SIdewalks wIthm the nnmedIate area of the subject property WhICh could connect to
thIS SIte.
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;
Applicant's Response The subject property '1S located m an older existing mdustnal area
WhICh does not have any eXIsting or proposed SIdewalks along lndustnal A venue. As a
result, the ImplementatIOn of thIS reqUIrement to thIS SIte would result m a SIdewalk bemg
bUIlt WhICh IS not connected to any other SIdewalk segments. Other newer mdustnally-zoned
parcels WhICh do not have a SIdewalk system m place, would benefit from thIS Zomng Code
reqUIrement because thIS would result m the bUIldmg of a completed pedestnan system. In
thIS partIcular case, because of the lack of any other SIdewalk segments eXIstmg m thIS area,
thIS Code reqUIrement would result m a SIdewalk along Industnal A venue WhICh only eXIsted
along the frontage of the subject property
B. That the special conditions and circumstances do not result from the actions of the
applicant;
Applicant's Response The lack of any other SIdewalks wIthm any reasonable dIstance
from thIS SIte WhIch could connect to thIS locatIon IS not the result of the applIcant. In
addItIon, the reqUIrement for mcludmg a SIdewalk on the SIte plan IS a speCIfic reqUIrement
of the CIty's Zoning Code. Overall, thIS SItuatIon IS not a result of 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;
Applicant's Response. The requested variance IS not related to the actual abIlIty to construct
any speCIfic use on sIte, or the actual amount of that constructIon, only to one of the sIte-
Vanance Request Response
Page 1 of 2
Stop-All, Boynton Beach Blvd. & 1-95
specific development reqUlrements This request does not represent any special pnvlleges
conferred on the apphcant that would be demed to other mdustnally-zoned parcels, only
rehef from a particular development reqUlrement.
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;
Applicant's Response A hteral InterpretatIOn of this zomng code reqUlrement represents
an unnecessary and undue hardship on the apphcant. WhIle there may be situatIOns In which
this reqUlrement IS appropnate, the applicatIOn of this requirement at this locatIOn is not
warranted because there are no other eXistIng Sidewalks located WithIn the lTIunedlate area.
This Code reqUlrement would impact only on this property because no other properties have
been reqUlred to buIld such a facIhty In addition, other industnally-zoned parcels In slTIlllar
situations can also request thIS type of variance.
E. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure,
Applicant's Response The requested variance IS the rrummum possible needed to make
reasonable use of thIS parcel. The proposed site plan which has been subrrutted to the City
mcludes a concrete walkway that would be built from the office to the property boundary,
thus, If a umfied sidewalk system were ever to be bUllt along lndustnal A venue, access to
the SIte could be easily faCIlItated by connectIng to the proposed walkway whIch runs from
the office towards lndustnal A venue.
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.
Applicant's Response. The Intent of the code reqUIrement for a sidewalk IS to ensure that
full pedestrian access IS created between parcels WIthin a given area by connecting existIng
SIdewalks sectIOns. In thIS partIcular SItuatIOn, there are no other Sidewalks existIng
anywhere withm the lInmediate area, thus, requITIng thiS site to construct a sidewalk will
result In a pedestnan facilIty which IS lirruted only to thiS site SInce there are no other
SIdewalk sectIOns to connect to, the granting of thiS vanance WIll not be Injurious or
detnmental to the general publIc.
FILE:H:\Bll.l.\WPDOCS\1374 I\APPUCAT.ION\V AR-RESP WPD
Vanance Request Response
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Stop-All, Boynton Beach Blvd. & 1-95