LEGAL APPROVAL
DEPARTMENT OF DEVELOPMENT
DIvIsion of Planning and ZonIng
Bulent J. Kastarlak, NCARB
Director
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
September 21, 1998
Hendrik DeMello
1300 E. Hillsboro Boulevard, Smte 203-A
Deerfield Beach, FL 33441
Re
FIle No
LocatIOn.
Ongmal Pancake House (Zonmg Code V anance)
ZNCV 98-006
North SIde of Gateway Boulevard, nnmedmtely east of Hampton Inn
Dear Mr DeMello
Enclosed IS the CIty of Boynton Beach Development Order regardmg COlmmssIOn approval of
your request for zomng code vanance.
Should you have any questIOns regardmg tlus matter, please feel free to contact this office at
(561)742-6260
Smcerely,
f"t--./ _ (... y J
Michael W Rumpf
Actmg Planmng and Zomng DIrector
MWR/jma
Attachment
J:\SHRDA T AIPLANNING\SHARED\WP\CORRESPIZONV ARJF\ORIGPANCAKEOO6DEVOR,DOC.doc
America's Gateway to the Gulfstream
100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX. (561) 375-6259
DEVELOPMF-"IT ORDER OF THE CITY COMMIS~,,)N OF THE
t Y OF BOYNTON BEACH, FLORIL...
PROJECT NAME. Original Pancake House
APPLICANT'S AGENT Hendrik DeMello
APPLICANT'S ADDRESS 1300 E Hillsboro Boulevard Suite 203-A, Deerfield Beach, FL 33441
DATE OF CITY COMMISSION PUBLIC HEARING September 15,1998
TYPE OF RELIEF SOUGHT Zoning Code Variance (side yard setback)
LOCATION OF PROPERTY North side of Gateway Boulevard, immediately east of Hampton Inn
DRAWING(S) SEE EXHIBIT "B" ATTACHED HERETO
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows
1 Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2 The Applicant
~HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested
3 The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included"
4 The Applicant's application for relief is hereby
-2L GRANTED subject to the conditions referenced in paragraph 3 hereof
DENIED
5 This Order shall take effect immediately upon issuance by the City Clerk.
6 All further development on the property shall be made in accordance with the terms
and conditions of this order
7 Other
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J:\SHRDATA\Planning\SHARED\WP\PROJECTS\Original Pancake House\zncv\Development Order zncv.doc
EXHIBIT "D"
Conditions of Approval
Project name' Onginal Pancake House
File number' ZNCV 98-006
Reference Zomng Code Vanance ApplicatIOn dated 7/7/98.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments None X
UTILITIES
Comments. None X
FIRE
Comments. None X
POLICE
Comments. None X
ENGINEERING DIVISION
Comments. None X
BUILDING DIVISION
Comments None X
P ARKS AND RECREATION
Comments. None X
FORESTER/ENVIRONMENT ALIST
Comments. None X
PLANNING AND ZONING
Comments. None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
1 It is recommended that this request be demed. X
ADDITIONAL CITY COMMISSION CONDITIONS
2. Conditioned upon all conditIOns of approval of the new site plan are X
included with thiS request
3 Landscaping be enhanced along the west side mcluding shade trees X
adjacent to restaurant and four (4) palm trees and cocoplum hedge north of
the restaurant.
MWR/dlm
J:ISHRDATAIPLANNINGISHAREDIWP\PROJECTS\ORIGINAL PANCAKE HOUSE\ZNCV\COND. OF APPR-ZNCV.DOC
MEET1NG MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 15, 1998
Motion
Vice Mayor Jaskiewicz moved to table the Orchard Landing request for a full hearing and further
investigation by our attorney to ascertain if there are any legal issues fadng it. Commissioner
"Titcomb seconded the motion
Attorney Cherof recommended that the Commission table the proposed Development Order
which has been removed from the Consent Agenda to a date certain to ensure that proper
notice and opportunity to be heard is provided to the applicant, the public and any other
interested parties.
Vice Mayor Jaskiewicz rescinded her previous motion.
Motion
Vice Mayor Jaskiewicz moved that the Commission table the proposed Development Order to
the October 20th City Commission meeting. Commissioner Titcomb seconded the motion.
Mr Nelson requested that this item be continued to the first meeting in November since he will
be on vacation on October 20th
Vice Mayor Jaskiewicz agreed to amend her motion to table this Development Order to the
November 4th meeting Commissioner "Titcomb seconded the amended motion. The motion
carried 4-0.
5. Original Pancake House (Hendrik DeMello) - (Northside of
Gateway Boulevard, immediately east of the Hampton
Inn) - Request for variance approval to reduce the
required side setback from 20' to 16' to allow sufficient
space for a proposed restaurant and required parking
Hendrik DeMello, Architect for the Original Pancake House, explained that the request
for a variance was to reduce the side setback from 20' to 16' The applicant attempted to work
with different schemes; however, that resulted in problems with the parking spaces. They
could manage the si(_~ differently, but it would create site circulation that is not ideal. The ideal
design and site drculation dictates that cars should be moved away from the entrance on
Gateway Boulevard. The applicant feels the layout they propose still complies with the
landscape requirements and impervious area calculations. The applicant now proposes to
include more landscaping in the area to make up for the 4' variance. Mr DeMello stated that all
of the parking would be along the eastside of the property The building is situated so that the
setbacks will not be a problem visually Mr DeMello agreed to add more trees and shrubs in
the strip. Staff has required the addition of a hedge along the building.
Mr DeMello explained that the Original Pancake House would not be sharing parking with the
Hampton Inn. They can each support their own parking; however, they have a cross-access
agreement.
10
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 15, 1998
Vice Mayor Jaskiewicz requested that the applicant continue the landscaping in an effort to
separate the parking between the Original Pancake House and the Hampton Inn Mr DeMello
agreed to this request.
Commissioner Denahan requested the addition of larger trees, closer together
Commissioner litcomb questioned whether a setback was required between the parking spaces
for the Hampton Inn and those of the Original Pancake House. Mr DeMello said there is a 5'
setback on the Hampton Inn side of the parcel
Steve Kamelhair, owner, explained that he would not have a problem extending the landscaping
if the Hampton Inn agrees to allow them to do that. Mr Kamelhair does not anticipate a
problem because he is purchasing the property from the Hampton Inn and the sale of the
property is contingent upon the Commission's approval of the variance request.
Maurice Rosenstock explained that the Planning & Development Board denied this request
because of the lack of landscaping The board requested that the applicant plant a Ficus hedge
and some trees close together to soften the project. He was pleased that the applicant had
agreed to comply with those requests.
Lee Wlsche, 1302 SW 18th Street, was the only Planning & Development Board member
who voted in favor of this project because he felt these details could be worked out. He
believes the Planning & Development Board would vote in favor of this request as a result of
this presentation
Mike Friedland, 330 NE 26th Avenue, member of the Planning & Development Board, urged
the Commission to vote in favor of this request.
Commissioner Denahan asked Mr Rumpf to explain the requirements for size of trees and
space between trees. Mr Rumpf explained that there is no requirement for trees to be placed
in the location in question Trees along the frontage of the property need to be one tree per
40'
Commissioner Denahan feels the parking lot needs shade. The entire landscaping plan would
be improved if trees were plan,~ among the hedges. She recommended the use of native
trees. Mr DeMello explained that the roots of the trees would damage the asphalt. Mr
Rosenstock suggested that the applicant plant Queen Palm trees along with the hedge.
Jim Reed, 2458 Cranbrook Drive, member of the Planning It Development Board,
pointed out that the fact that trees would damage the asphalt in such a small area is a good
reason for not granting the variance. He said there are six criteria to be met for granting a
variance. Mr Reed feels the developer could change the size of the building, decrease the
amount of parking, or decrease the amount of greenspace. The developer chose not to
decrease the size of the building or the amount of parking. Mr Reed feels the City has too
stringent a parking requirement for restaurants. He recommended increasing the greenspace
and having a cross-parking agreement with the Hampton Inn. Mr Reed further explained that
11
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 15, 1998
there were a couple of criteria that the applicant did not meet in order for the board to grant
the variance The variance is not the only way the applicant can make use of the property
Mayor Taylor feels the applicant can "beef up" the landscaping to more than the Code requires
and put a hedge on property owned by the Hampton Inn Mayor Taylor will support this
request.
Commissioner Titcomb advised that he believed there was a solution in the developer trying to
increase the landscaping above and beyond the minimum requirements to make up for the
small strip that will be lost. This is a quality project in an appropriate place.
Commissioner Oenahan said she would support this request if she could see the landscaping
plan She requested the definition of "beef it up" Mayor Taylor advised that the applicant
would add the entire border between the Hampton Inn and the Original Pancake House.
Commissioner Oenahan said she would like to see the trees closer together on the entire site.
Mr DeMello advised that the applicant has increased the number of trees along the east
property line and along Gateway Boulevard The existing approved perimeter landscaping will
be increased with the Original Pancake House plan.
Commissioner Titcomb requested the addition of Palm trees in the 5' strip to break up the
space. He does not feel the hedge alone will provide a sense of greenspace. Mr Kamelhair
agreed to plant four (4) Palm trees in this 5' strip mixed in with a Cocoplum hedge.
Motion
Commissioner Titcomb moved to approve this project with that stipulation of adding a minimum
of four (4) Palm trees along the 5' strip north of the building and any enhancement above and
beyond minimum in the 16' strip along the eastside of the building. Vice Mayor Jaskiewicz -
seconded the motion with all the conditions of approval as set forth in Exhibit "0" The motion
carried 4-0.
6. Original Pancake House (Hendrik DeMello) - (Quantum
Park - Lot 1) - Request for site plan approval to construct
a 4,710 square foo" restaurant on a 1.15-acre parcel of
land and associated parking
Motion
Based on the conditions of the last discussion, Commissioner Titcomb moved approval of Item
0.6. Vice Mayor Jaskiewicz seconded the motion that carried 4-0.
IV-G. Approve Code Compliance Board action to reduce the lien
in case #97-3346 from $5,300 plus administrative costs
to $1,000 plus administrative costs for a total of
$1,730.15 for Next Boynton Development - TABLED ON
9/3/98
12
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
SEPTEMBER 15, 1998
there were a couple of criteria that the applicant did not meet In order for the board to grant
the variance The variance Is not the only way the applicant can make use of the property
Mayor Taylor feels the applicant can "beef up" the landscaping to more than the Code requires
and put a hedge on property owned by the Hampton Inn. Mayor Taylor will support this
request.
Commissioner TItcomb advised that he believed there was a solution In the developer trying to
increase the landscaping above and beyond the minimum requirements to make up for the
small strip that will be lost. This is a quality project in an appropriate place.
Commissioner Oenahan said she would support this request if she could see the landscaping
plan. She requested the definition of "beef it up" Mayor Taylor advised that the applicant
would add the entire border between the Hampton Inn and the Original Pancake House
Commissioner Denahan said she would like to see the trees closer together on the entire site.
Mr DeMello advised that the applicant has increased the number of trees along the east
property line and along Gateway Boulevard. The existing approved perimeter landscaping will
be increased with the Original Pancake House plan.
Commissioner TItcomb requested the addition of Palm trees in the 5' strip to break up the
space. He does not feel the hedge alone will provide a sense of greenspace. Mr Kamelhair
agreed to plant four (4) Palm trees in this 5' strip mixed in with a Cocoplum hedge.
Motion
Commissioner litcomb moved to approve this project with that stipulation of adding a minimum
of four (4) Palm trees along the 5' strip north of the building and any enhancement above and
beyond minimum in the 16' strip along the eastside of the building. Vice Mayor Jaskiewicz -
seconded the motion with all the conditions of approval as set forth in Exhibit "0" The motion
carried 4-0
6. Original Pancake House (Hendrik DeMello) - (Quantum
Park - Lot 1) - Request for site plan approval to construct
a 4,710 square 100" restaurant on a 1.1S-acre parcel of
land and associated parking
Motion
Based on the conditions of the last discussion, Commissioner TItcomb moved approval of Item
0.6. Vice Mayor Jaskiewicz seconded the motion that carried 4-0.
IV-G. Approve Code Compliance Board action to reduce the lien
In case #97-3346 from $5,300 plus administrative costs
to $1,000 plus administrative costs for a total of
$1,730.15 for Next Boynton Development - TABLED ON
9/3/98
12