APPLICATION
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PROJECT NAME: STOR-ALL
~<:'<;TION: N. OF BOYNTON BEACH BLVD3~ 7~Stl~~r~~~~L
COMPUTER ID STOR-ALL\ZNCV -.Jt 0 f - tJ ~ t/J'. -('(10 - Of) .- Our) -lJtJ&
I FILE NO.: ZNCV 98-012, CASE#259 I TYPE OF APPLICATION:
ZONING CODE V AR. (SIDEW ALK)
APPLICANT/CONTACT PERSON OWNER. NICHOLAS MARCALUS
WILLIAM MORRIS, KILDAY & ASSOC. N&R PROPERTIES
,I
PHONE (561) 689-5522 -4"f'f~\~.Jt,!JJv- PHONE
FAX. (561) 689-2592 J FAX.
ADDRESS 1551 FORUM PL., 100A ADDRESS PO BOX382
WPB, FL 33401 ELMWOOD PARK, NJ 07407
DATE.
SUBMITTAL / RESUBMITT AL 8/11/98
1ST REVIEW COMMENTS DUE N/A
PUBLIC NOTICE PUBLISH/MAIL. 9/8/98
OUT/CITY ATTY 9/4/98
CITY CLERK/F AX. 9/2/98
TRC MEETING N/A
PROJECTED RESUBMITTAL DATE
ACTUAL RESUBMITTAL DATE
2ND REVIEW COMMENTS DUE
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS)
PLANNING & DEVELOPMENT BOARD 9/23/98
MEETING
CITY COMMISSION MEETING 10/6/98
COMMENTS
APPLICATION ACCEPTANCE L
J t/OO O~
FEE PAID
I"E ,f)//9 F RECEIVED BY AFF MEMBER~k
RECEIPT NUMBER -,r:P/~/3S
CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES
Please Print (in ink) or Type
Submittal Date
8/6/98
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
Lot(s)
8
Block
, Subdivision
Plat Book
1
Page
4
or otherwise described as follows
Property Address N/ A
Variance requested Article III, Section 11
The following documents are required to be submitted with this application to form a single package
I ncomplete 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 plans 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 (1 st 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 aQent is submittinQ the petition. a notarized copy of a letter desiQnatinQ him as
such must accompany the petition.
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 print or
!YQg1
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 $50000 plus postage, payable to the City of Boynton
Beach, must accompany a completed application The $50000 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
AUG 3 1998 6 02PM KILDAY & ASSOCIATES
NO 016 P 2/2
Page 3
Zoning Code Variance Application
7 Name and address of owner' Nicholas Marcalus. N&R Properties. PO Box 382. Elmwood
Park, NJ 07407
8 Name of applicant: Jeff Anderson. StorMAII
Date' Av L..) >1"' l.-\ ,
,
1375 West Hillsborough Blvd.. Deerfield Beach. FL 33442
(954) 421-7888 ~
\ ~'i Signature of APPIiC~(Q)V'---
Applicant's address:
Applicant's phone #.
TO BE COMPLETED BY PLANNING AND ZONING
1
Property is presently zoned:
M-1
formerly zoned:
2. Property Control Number' 08-43..45..20..00..000-0082
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
Den ied
Nay
Stipulations
Signed
Chairman
Variance Request Response" Stor-AIl (1-95 and Boynton Beach Blvd.)
Proposed Variance Request: ThIs IS a request for relIef 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 unmedIate 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 within the unmedIate 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 IS located m an older existmg mdustnal area
WhICh does not have any eXIstmg or proposed SIdewalks along Industnal 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 Zonmg 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 Zomng 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 vanance 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 reqUIrements. ThIS request does not represent any specIal pnvIleges
conferred on the applIcant that would be demed to other mdustnally-zoned parcels, only
relIef from a partIcular development requirement.
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 lIteral mterpretatIOn of thIS zomng code reqUIrement represents
an unnecessary and undue hardshIp on the applIcant. WhIle there may be SItuatIOns m whIch
thIS requirement IS appropnate, the applIcatIOn of thIS reqUIrement at thIS locatIOn IS not
warranted because there are no other eXIstmg SIdewalks located wIthm the nnmedIate area.
ThIS Code reqUIrement would Impact only on thIS property because no other propertIes have
been reqUIred to buIld such a faCIlIty In adchtIOn, other mdustnally-zoned parcels in snmlar
SItuatIOns can also request thIS type of vanance
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 vanance is the rmmmum possible needed to make
reasonable use of thIS parcel. The proposed SIte plan whIch has been subrmtted 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 built along Industnal A venue, access to
the site could be easily faCIlItated by connectmg to the proposed walkway whIch runs from
the office towards Industnal 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 mtent of the code reqUIrement for a SIdewalk IS to ensure that
full pedestnan access IS created between parcels WIthin a gIven area by connectmg existing
SIdewalks sectIOns. In thIS partIcular SItuatIon, there are no other SIdewalks eXIsting
anywhere wIthm the ImmedIate area, thus, reqUIring thIS SIte to construct a SIdewalk will
result m a pedestnan facilIty whIch IS limIted only to thIS SIte. Smce there are no other
SIdewalk sectIons to connect to, the grantmg of thIS vanance wIll not be mJunous or
detnmental to the general publIc
FILE.H:\BILL\WPDOCS\1374 \\APPLICA T.lON\V AR-RESP WPD
Vanance Request Response
Page 2 of 2
Stop-All, Boynton Beach Blvd. & /-95
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
APPLICANT'S PROPERTY
\
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
Junel, 1997
~EPARTMENT OF DE,TvLOPMENT
BUILDING DI\t lSION
APPLICATION FOR WAIVER OF SIDEWALK REQUIREMENT
PLEASE PRINT OR TYPE &
RETURN TO BUILDING DIVISION
Submittal Date:
Filing Fee: $100.00, payable to the
City of Boynton Beach
The undersigned owner(s) hereby respectfully petltlOn(s) the City of Boynton Beach to grant to
petltlOner( s) a waiver of sidewalk.
Section to be appealed Boynton Beach Land Development RegulatlOn, Chapter 6, Article III, SectlOn
II, Sidewalks.
Property Involved is described as follows Lot(s)
Block , Subdivision
, Page
or otherwise described as follows
Plat Book
Property Address
Name & Address of Owner
Name & Address of Apphcant.
Apphcant's Phone Number
DATE
SIGNATURE OF APPLICANT
THE APPLICATION SHALL CONTAIN
I The reasons for which the Walver is requested and a defimtlOn and detailed statement of rehef
sought from the BuildIng OffiCial.
2 The apphcatlOn shall be Signed by the apphcant or Ins duly authonzed agent and it shall have
appended to it, copies of any plans, draWIngs, rules or regulatlOns or other documents wInch
would be pertInent to the apphcatlOn.
3/92 - bh, Rev 1/95, Rev 3/97 mh
S'\Development\FORMS.doc\SIDEW ALK W AlVER.doc