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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