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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 ~1 - fA' , r . ;'~. Y/ - b 'iI/!~./ ..J-1ttectl J:. C~f/il Ul--- Department of Development Director's Signature City Manager's Signature ~_w_ ~~ 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 /'l (/-1, LC'C~,,\ON MAP E.~t\'rJ" OR\G\N~L p~NC~KE. HOUSE. ? fl... \ .~~' \ - '.JU' ; f1.JJI I ~. : u~:.J :(\. .... ~ / . \-1 ~-- j :" 'r; ~ Of' corJ\rJ\e ~O' \oJ p.N'1' \J "" P p.. ~ t<.) p,O eo \.'~ V. \ \ ",,^O-rOI=lO\-p.: i I _t'(1o'ftl-rOH ~"-.':' ':, ~,-Q~ -~ 0 '\ 18 Wi\\J:S _ \\ \ \\0\\0 N~~!6-r pepr - \ ~ --~~ 'p.. p,. ~ \ --------'-~- --- E~" il 'I i bEGAL DEeC~IPTION QIJAIInM SCll.UVARO TIolI& 1:\ f"l.AT ~ .........:e.. Ofo cMe) .. CQ1' , Ofo T... 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C16tANC!. 0: ~'~a..~e:'T"0 floE ~On-.T C#- ~INHI::a IIut D A lIME (COol Il1t'A r) ~I LOCATION MAP NOT TO llC::AU! LOT 2 "'LAoT ~ QJ.ANT\J'1 "'AIllIC. AT eoYNTON eEACl-l. "'.10 NO 1 "'LA T eocx s, fDA6E 1&2. Mr.l'~''''''E ------+---- -- -------- 1 ," ITTTh1fFll} · · 6- & ~..,..,.,.,. . 1&..42' _ .../-1- ......1Ulloo _v I I _...''''L 1- \ \ .' . / " .. \--... \ . '\ I' I, I ,U E/15T1NU 4 sn ...OTEL II COAC_ u:o. ..,... TUUlW'_ ~ ~ _-<A III -Q -1 . / oi b b b -E I b} i 1 11- i ~ j I I_TMIo LIGWT IIIXT. . Q'''~''-~ 1- \, /--- , . I I I l_- ---. (;/; , ....- ~ATEW~Y 60~LEVARD - - (N.w. 22nd AvENUE) ec:...ALe; 1'.)Ct' cB 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. ... /bme 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