AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
o July 21 1998
o August 4 1998
o August 18, 1998
o September 3 1998
Date Final Form Must be Turned
in to City Clerk's Office
July 10, 1998 (noon)
Requested City Commission
Meeting Dates
t8J September IS 1998
o October 6, 1998
o October 20, 1998
o November 3,1998
Date Final Form Must be Turned
in to City Clerk's Office
September 4,1998 (noon)
July 24, 1998 (noon)
September 25'1998 (noon)
August 7 1998 (noon)
October 9 1998 (noon)
August 21,1998 (noon)
October 23, 1998 (noon)
NATURE OF
AGENDA ITEM
o Administrative
IZl Consent Agenda
o Public Hearing
o Bids
o Announcement
o Development Plans
o New Business
o Legal
o Unfmished Business
o Presentation
RECOMMENDATION Please place the request below on the September 15, 1998 City Commission meeting agenda under
Consent - Ratification of Planning and Development Board Action. The Planning and Development Board, with a 6-1 vote,
recommended demal of the variance to allow reduction from the required minimum side setback to allow sufficient space for
a proposed restaurant and required parking. For further details pertaining to the request, see attached Development
Department Memorandum No. PZ 98-260
EXPLANATION
PROJECT Original Pancake House
AGENT Hendrik DeMello
LOCA TION Northside of Gateway Boulevard, immediately east of the Hampton Inn
DESCRIPTION Request for variance approval to reduce the required side setback from 20 feet to 16 feet to allow sufficient
space for a proposed restaurant and required parking.
PROGRAM IMPACT N/A
FISCAL IMPACT N/A
AL TERNA TIVES. N/ A
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Department of Development Director's Signature
City Manager's Signature
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Acting Director of ing and Zoning
City Attorney / Finance / Human Resources
J 'ISHRDA T A IPLANNING\SHARED\WPIPROJECTSIORIGINAL PANCAKE HOUSEIZNCV\AGENDA ITEM REQUEST 9,IS.98,DOC
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO PZ 98-260
STAFF REPORT
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
Date
September 4 1998
File No
ZNCV 98-008 (side setback)
Case No
255
Location
North side of Gateway Boulevard, east of the Hampton Inn (Quantum Park PID)
Agent:
Hendrik S DeMello, AlA NCARB
HSDM Architecture & Planning, Inc.
Project
Name
The Original Pancake House
Variance
Request:
Variance from the City of Boynton Beach Land Development Regulations, Chapter 2
-Zoning, Section 7 - Planned Industrial Development, H 16, to reduce the required
side setback from 20 feet to 16 feet to allow sufficient space for the proposed
restaurant at this location
NATURE OF REQUEST
Hendrik DeMello agent for the Original Pancake House, is requesting to reduce the required side
setback from 20 feet to 16 feet for the purpose of fitting a 4,710 square foot restaurant building with
required parking on a narrow lot subdivided from the parcel containing the Hampton Inn The
Original Pancake House restaurant is to be located in the Quantum Park PID on a 1 15 acre site
on Gateway Boulevard It has always been the intent held by the hotel corporation to have this type
of restaurant on the adjacent parcel (See Exhibit A" - Location map.)
BACKGROUND
The owners of The Original Pancake House have recently submitted a site plan application to the
city to construct a restaurant at this location As a part of that application, a variance is required to
provide relief from the required side yard setback, (See Exhibit "B" - Site Plan)
The following is a description of the zoning districts and land uses of the properties that surround
The Original Pancake House
North -
Undeveloped land in Quantum zoned PID
South -
Motorola zoned PID
East -
L.W D D E-4 Canal and farther east is undeveloped land in
Quantum Park, zoned PID
West -
Hampton Inn in Quantum Park, zoned PID
I
Page 2
The Ongmal Pancake Hose
FIle 'Jo Z;.JCV 98-008
The code states that zoning code variances cannot be approved unless the board finds the
following
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 ordinance 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 grant of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare
ANAL YSIS
As part of evaluating a variance request, staff looks for alternatives that would minimize or negate
the need for a variance (as required by the criteria for granting a variance) Staff finds that the
requested variance is the minimum necessary for the project to meet the parking lot layout
requirements required by the City's land Development Regulations Due to the narrow
configuration of the site the proposed restaurant could not be built and still meet setbacks unless
parking IS eliminated (see Exhibit "C" - applicant's justification) Therefore, there exists a need to
reduce the side setback requirement from 20 feet to 16 feet. Staff assumes that the building
proposed for this site is the minimum or optimum, required by the restaurant corporation
RECOMMENDA TION
Based on the above analysis staff recommends that this request by The Original Pancake House
for a side setback variance to allow construction of a restaurant and required parking be granted
If this request is approved subject to conditions the subject conditions shall be listed in Exhibit '0"
- Conditions of Approval
S \projects\The Original Pancake House \ZNCV\staffreport
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~ATEW~Y 60~LEVARD
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PROPOSED SITE PLAN
4
EXHIBIT "D"
CondItIOns of Approval
Project name Ongmal Pancake House
FIle number. Z1\CV 98-006
Reference ZonIng 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 A~D RECREATION
Comments None X
FORESTER/ENVIRONMENTALIST
Comments '\lone X
PLANNING AND ZONING
Comments None X
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
I It IS recommended that thIS request be demed X
ADDITIO'\lAL CITY COMMISSION CONDITIONS
" To be determmed.
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JISHRDATAIPLANNINGiSHAREDlWPIPROJECTSIORIGINAL P'\NCAKE HOUSEIlNCV\COND OF APPR,ZNCV DOC
DEVELOPMENT ORDER OF THE CITY COMMISSU'lN OF THE
C: OF BOYNTON BEACH, FLORID.
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
--L 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
_ GRANTED subject to the conditions referenced in paragraph 3 hereof
--L 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
DATED
City Clerk
J"\SHRDATA\Planning\SHARED\WP\PROJECTS\Original Pancake House\zncv\Development Order zncv,doc
NOTICE OF PUBLIC HEARING I ill ~ :::: ~ WI
NOTICE IS HEREBY GIVEN that the following application has been made td"th tr~1iIfl9 I Ii
DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORlDt, for a Z fJtPDm. as .
indicated, under and pursuant to the provisions of the zoning code of said City'
Case #255
Owner'
Boynton Beach Hospitality, L TD
Variance
Requested:
Request for variance from Chapter 2 - Zoning, Section 5 G.2.a, to allow
a 4 foot reduction from the required 20 foot side yard setback to 16
feet.
Location
North side of Gateway Boulevard, immediately east of the Hampton Inn
Legal Description.
A PARCEL OF LAND IN LOT 1 OF THE PLAT OF QUANTUM PARK AT
BOYNTON BEACH, PI D NO 1, ACCORDING TO THE PLAT THEREOF AS
RECORDED IN PLAT BOOK 57, PAGES 182 AND 183 PUBLIC RECORDS
OF PALM BEACH COUNTY FLORIDA, BEING DESCRIBED AS FOLLOWS'
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1, THENCE
SOUTH 89 DEGREES 04 MINUTES 47 SECONDS WEST ALONG THE
SOUTH LINE OF SAID LOT 1 A DISTANCE OF 15606 FEET, THENCE
NORTH 00 DEGREES 55 MINUTES 13 SECONDS WEST, A DISTANCE OF
37047 FEET TO THE NORTH LINE OF SAID LOT 1 THENCE NORTH 89
DEGREES 04 MINUTES 47 SECONDS EAST ALONG THE NORTH LINE OF
SAID LOT 1 A DISTANCE OF 11542 FEET TO THE WEST RIGHT-OF-WAY
LINE OF LAKE WORTH DRAINAGE DISTRICT CANAL E-4, AS SAME IS
RECORDED ON OFFICIAL RECORDS BOOK 4545 PAGES 1296 ~D 1297
PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS' THENCE SOUTH 07
DEGREES 10 MINUTES 49 SECONDS EAST ALONG SAID WEST RIGHT-
OF-WAY LINE A DISTANCE OF 372.69 FEET TO THE POINT OF
BEGINNING.
CONTAINING IN ALL 50,286559 SQ. FT OR 11544 ACRES MORE OR
LESS
Proposed Use.
Restaurant
A PUBLIC HEARING BEFORE THE Planning and Development Board will be held relative to the
above application at City Hall, Commission Chambers, 100 E Boynton Beach Boulevard, Boynton
Beach, Florida, on Tuesday, September 8, 1998, at 700 P M
All interested parties are notified to appear at said hearing in person or by attorney and be heard or
file any written comments prior to the hearing date Any person who decides to appeal any decision
of the Planning and Development Board with respect to any matter considered at this meeting will
need a record of the proceedings and for such purpose may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 375-6260
PUBLISH
The Palm Beach Post
August 24, 1998