APPLICATION
SHUTTS & BOWEN
ATTORNEYS A:.1D COU,SELLORS AT LAW
IA PARTKERSHIP INCLUor:-;G PROFESSI01\AL ASSOCIATIO;-"SI
20 NORTH ORA:-.IGE AVENUE
SCITE 1000
ORLA:-.IDO, FLORIDA 32801
TELEPHONE 140n 423-3200
FACSIMILE 1407) 425-8316
October 18, 1996
VIA FEDERAL EXPRESS and FACSIMILE: (407) 375-6357
Ms Tambri Heyden
Planning and Zoning Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re Quantum Park Landscape Buffer Variance Request
Dear Tambri:
In response to my conversations with Carrie Parker and Jim
Cherof, enclosed is a formal BZA variance application regarding the
reduction of the 40 foot landscape buffer to 25 feet along the east
side of those lots within Quantum Park facing 1-95 which abut
residentially zoned property on the east side of 1-95
The legal descriptions of the lots for which the variance is
requested are as follows
Lots 74, 75, 76 and 77 of Quantum Park at Boynton Beach,
P I D. Plat Number 7 as recorded in Plat Book 57, Pages
194 and 195, Public Records of Palm Beach County, Florida
and
Lots 80, 81 and 82 of the Plat of P C
in Plat Book 60, Pages 105 and 107,
Palm Beach County, Florida
D Center recorded
Public Records of
and
Lot 91 of Quantum Park at Boynton Beach, P. I D. Plat
Number 8 as per the Plat recorded at Plat Book 57, Pages
196 and 197, Public Records of Palm Beach County, Florida
All of the subject properties are owned by Quantum Associates
and a copy of my authorization to act of behalf of the Owner with
A:\1STERDAM OFFICE
EUROPA BOl"LEVARD 59
1083 AD AMSTERDAM,
THE KETHEHLA~DS
TELEPHO~E 011 nZQ-661-0969
FACSI~llLE 011 31 JO 642 14;5
KEY LARGO OFFICE
OCEA:'-: REEF CLUB
31 OCEAl\ REEF DRIVE
setTE .-\206,
OCEA:\- REEF PLAZA
KEY LARGO, FLORIDA 33[J
TELEPHO~E 1305) 367 -2881
LO'JDO=" OFFICE
4H ~.10C~T STREET
LO'iDO~ W1Y SHE E~GLA~D
TELEPHO'\lE 011 44171-493-'HHO
FACSIM:LE011-44171-4934299
MIAMI OFFICE
1500 J\.fIA.\-fl CE:"JTER
201 SOUTH BlseA Y'\'E BOULE\. ARD
MIA\lL FLORIDA 33131
MI......MlI3DS) 358-630D
BROWARD 13051467-8841
FACSI~1ILE (305) 381-9982
WEST PALM BEACH OFFICE
O:>.:E CLEARLAKE CEl\"TRE. SUITE 500
250 AUSTRALIA=-: A VE:\IUE SOLTH
WEST PALM BEACH. FLORIDA 33401
MAILING ADDRESS POBOX 3555
WEST PALM BEACH. FLORIDA 33402 3555
TELEPHO;-.JE 14071835 8500
FACSI~llLE (407) 650-8530
Ms Tambri Heyden
October 18, 1996
Page 2
respect to this variance request is also enclosed (the original was
transmitted directly to you)
The names and addresses of the only property owners (other
than the Owner) within 400 feet of the lots for which the variance
is requested are as follows
Curt G Joa, Inc
POBox 1350
Boynton Beach, Florida 33425
Tri-County Commuter Rail Authority
305 South Andrews Avenue
Suite 200
Ft Lauderdale, Florida 33301
The foregoing list is complete and accurate to the best
knowledge of the undersigned
The special conditions justifying the requested variance are
as follows:
A The residentially zoned property to the east of the
subject lots is over 500 feet away, across the Tri-County
railroad tracks and Interstate 95 Whether the buffer
is 25 feet of 40 feet will be of no consequence to
residents on the east side of 1-95. Furthermore,
granting of the variance will result in a uniform 25 foot
buffer for all lots within Quantum Park fronting 1-95
B The special conditions and circumstances do not result
from the actions of the applicant.
C The granting of the variance will not confer a special
privilege on the applicant
D The literal interpretation of the Zoning Code would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district and would work
unnecessary and undue hardship on the applicant.
E The variance requested is the minimum variance that will
make possible the reasonable use of the land
F The granting of the variance is in harmony with the
general intent of and purpose of the Boynton Beach Zoning
Code and will not be injurious to the area involved or
otherwise detrimental to the public welfare
Ms Tambri Heyden
October 18, 1996
Page 3
Also enclosed is a copy of the information received from Jerzy
Lewica of your office identifying the lots for which the variance
should be granted
In lieu of a site plan, please refer to the peripheral
landscape buffer plan for all of Quantum Park, 17 copies of which
were recently submitted to your office
Please advise if additional information is required
JGW/chk
Enclosures
cc Steven Fivel, Esq
Carrie Parker
James Cherof, Esq
Jerzy Lewica
ALL VIA FEDERAL EXPRESS AND
WITH ENCLOSURES
ORL9S 28644.1 SB1
SENT BY
, 8-24-86 , 2 03PM ,
Boynton Bch fax~
4074258316,# 8
CITY OF BOYNTON BEACH
.CARD OW ZONING APPBALS VARIANCE APPLICATION
Submittal Deadline See schedule of dates for Board meetings and submittal
dates
Please print (in ink) or tvoe
Submittal date
/()'ly-96
The undersigned owner(s) hereby respectfully petition(s) the Board of
Adjustment 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) SEE ATTACHED LETTER
Block
, Subdivision
Plat Soak
, Page
or otherwise described as follows
Property Address
The following documents are required to be submieted with this application to
form a single package Incomplete package will not be accepted
l 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 SEE ATTACHED LETTER
C Existing structures and paving
o Existin~elevations
E Rights-of-way, with elevations
F Easements on or adjacent to the site
G Oeilities on or adjacent to the site
R Legal description
I Number of acres to the nearest one-hundredth (l/lOO) of an acre
J Location sketch of property
K Surveyor's Certificate
2 Two site olans properly dimensioned and to scale showing
A All proposed structures
B All existing structures that are to remain on site
C Setback lines for all structures drawn perpendicular from the
properly lines to the closest vertical wall of struct~res
D Use of each structure (or uses within multiple occupancies)
E Use of adjacent properties including right-af-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. 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
4 Proof of ownership of property by petitioner (s), such as deed or
purchase contract agreement If an aaent is submitting the petitio~, a
notarized ~ODV of a letter desi~natin9 him as such must accomoanv the
Detition.
5 Statement of special conditions, hardships or reasons justifying the
requested exception or variance Respond to the six (6) ~~estions below
(A-F) on a separate sheet (Please p~int or tvoe)
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;
SENT BY
,9-2 ~, 2 04PM ,
Boynton BCh fax.-
4074258315,# 9
Pa.ge 2 of 3
B. That the .pecial conditions and circumstances do not result from
the actions of the applicant,
C. That granting the variance requested will not oonfer on the
a.pplicant any special privilege that is denied by th1s 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 grantea 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 1njurious to the area involved or otherwise detrimental
to the pub11c welfare.
6. An application fee in the amount of $400.00 r payable to the C1 ty 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.
Quantum Assoclates c/o Steven Fivel, Esq
A dd f Merchants Plaza
7. Name an~ a ress 0 owner: IRQiaRap91i~, IRai.~~ Ah?nA
B.
Name of applicant:
,James G
Applicant's address:
Applicant's phone I:
Da.te: /0 -/ <;(,:1 b Signature of Applicant:
~~~~-~-----~~~-------------~---------~~._------------~--~--------------
To be completed by the Building Officia.l or Representative
1.
Property is presently zoned:
Formerly zoned:
2. Property Control Number:
3. Denial was made upon existing zoning or sign requirements ( list
section.[al of Code from which relief is required):
4. Nature of exception or variance required:
Permit denied:
Building Department
Meeting Date:
Date I
5.
Case Number:
~--------------------------------------------------------------------~-
To be filled out by Board
BOARD OF ADJUSTMENT ACTION: Approved
Aye
Denied
Nay
Stipulations:
Signed:
Chairman
SENT BY
9-24-95 2 04PM ,
Boynton Bc~ fax~
4074258316,#10
Page 3 of 3
C E R T I FIe A T I 0 ~
TO THE BEST OF MY KNOWLEDGE AND BELIEF, 'I'D ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLI CANT'S PROPERTY.
JAMES
APPLICAT.WPS
Page 3 of 3
The special conditions justifying the requested variance are
as follows:
A. The residentially zoned property to the east of the
subject lots is over 500 feet away, across the Tri-County
railroad tracks and Interstate 95. Whether the buffer
is 25 feet of 40 feet will be of no consequence to
residents on the east side of 1-95. Furthermore,
granting of the variance will result in a uniform 25 foot
buffer for all lots within Quantum Park fronting 1-95.
B. The special conditions and circumstances do not result
from the actions of the applicant.
C. The granting of the variance will not confer a special
privilege on the applicant.
D. The literal interpretation of the Zoning Code would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district and would work
unnecessary and undue hardship on the applicant.
E. The variance requested is the minimum variance that will
make possible the reasonable use of the land.
F The granting of the variance is in harmony with the
general intent of and purpose of the Boynton Beach Zoning
Code and will not be injurious to the area involved or
otherwise detrimental to the public welfare.
VIA FACSIMILE. 407/375-1357
~
rn
OCT , 7 1996
[BaLa]
Od,1uu- "11'9;'
Ms. Tambr1 Heyden
Planning and Zoning Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re: Agency Authorization of James G. Willard
Dear Ms. Heyden:
On behalf of Quantum A..ociates, please be advised that Jame.
G. Willard of the Shutts & Bowen Law Firm ha. been authorized to
serve as the owner I. agent wi t.h re.pect to the application and
processing of all Quantum relat.ed City of Boynton Beach permit. and
approvals, lnclud1ng all matters relating to the Carmax
development, the peripheral greenbelt buffer plan, amendments to
the Quantum master 81gn plan, landscape buffer varianc.., and other
local regulat.ory mat.ters.
The foregoing aut.horization will be binding on Quantum
AI.ociat.e. unt.il rescinded in writing by t.he undersigned.
Slncerely,
QUANTUM ASSOCIATES, a Florida
general part.nership
SIMON, INC. ,
ec: James G. Willard, Esq.
ORLH 21&71' 8B,
- ... .... "'.... ........ - .....
_.~ ?- I) ~ ("'4 ~ ~:. ~ ... J ~
t 1,I\.Je' 0 '9S-SL-0L'
uaMOO '9 <;:':'''H.~ 1,8 '!::l~
SHuns & BOWEN
OCT _ 7 1996
m
ATTORNEYS A"D COC!\SELLORS AT LA"V
IA PARTNERSHIP I!\:CLCDI!,;G PROFESSIONAL ASSOCIA~JONSI
PLANNING AND
lONIN DEPl
20 !\:OR1H ORA'IGE AVE:"JCE
SClTE 1000
ORLA!\:DO. FLORIDA 32801
TELEPHONE (407) 423-3200
FACSI~nLE 14071 425-8316
October 4, 1996
Ms Tambri Heyden
Planning and Zoning Director
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33425-0310
Re
Quantum/CarMax
Landscape Buffer
Variance Regarding Width of Lot 77
Dear Tambri
Per your fax to me of September 24, and my subsequent
telephone conversation with Carrie Parker, please consider this
letter as application by Quantum Associates for a variance to the
staff's interpretation that the peripheral greenbelt buffer on the
eastside of Lot 77, which is proposed to be part of the CarMax
development, should be 40 feet in width instead of 25 The basis
for staff's suggestion that a 40 foot buffer is needed is because
residential zoning exists on the eastside of Interstate 95.
Also enclosed is my law firm check for $400 00 representing
the variance application fee
All of the other information requested on your variance
application form has been submitted numerous times in the last
several months as a result of the applications for DRI amendment,
rezoning, comp plan amendment, PID use amendment and site plan
review associated with the CarMax project
A~1STERDA'" OFFICE
EUROPA BOl!LE\ ARD 59
1083 AD A~ISTERDAM.
THE ~ETHERLANDS
TELEPHO~E 011 1120-661-0969
FACSIMILE 011 3120-642 1475
KEY LARGO OFFICE
OCEA~ REEF CLCB
31 OCEA~ REEF DR1\T
SL'ITE AZ06,
OCEAJ\ REEF PLAZA
KEY LARGO, FLORIDA 33037
TELEPHO~E [3051367-2881
LO~DOI\ OFFICE
48 MOC:\'T STREET
LO'l"DO'\, W1Y SHE E"GLA~D
TELEPEO:\E011-Hi71-4934840
FACSIM1LE 011-HFi-493-4299
MIA~lI OFFICE
1500 :-'-1I.o\~1I CEi.....TER
201 ':)OUTH BISCA Y'\E BOULEVARD
MIA.\11. FLORIDA 33131
'\'lIAMI130SJ 358-6300
BROW ARD 1305) 467-8841
FACSIMILE (305) 381-9982
WEST PALM BEACH OFFICE
O~E CLEARLAKE CE!\iTRE, SUITE 500
250 AVSTRALlAl\ A VE~UE SOuTH
WEST PALM BEACH, FLORIDA 33401
MAILI:-JG ADDRESS POBOX 3555
WEST PALM BEACH, FLORIDA 33402 3555
TELEPHO:-JE (407) 835-8500
FACSr!\ULE 1407) 650-8530
Ms. Tambri Heyden
October 4, 1996
Page 2
Because of the simple nature of the requested variance, please
confirm that this can go to the BOZA on its November 18 agenda and
then confirmed by City Commission at the November 19 Commission
meeting at which the CarMax site plan, peripheral greenbelt plan
and master sign amendment will also be considered
Please call if you have any questions
JGW/smw
cc: Carrie Parker
James A Cherof, Esquire
Steven E Fivel, Esquire (Telecopy 317/263-7038)
James D Thornton, Esquire (Telecopy 804/697-1339)
Paul McClellan (Telecopy 804/527-4804)
Rocky Biby (Telecopy 407/562-9689)
David Seaman 404/233-5372)
ORL9527866.1 SMW