REVIEW COMMENTS
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
Req uest:
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
/
Page 2
The Ongmal Pancake Hose
FIle No ZNCV 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
RECOMMENDATION
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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eoYNTON eeAC.... P.ID. No I. ACCOR)1NClo TO T><E P'LAT THEREOF L;,
RECORCED IN P'LAT BOOK !!o'. PAGE!!> 1e2 AND 183 "'U!lUC I'<ECCoIQOS OF
P.:.t.M eE~ ccu.."TY FLORIDA' eEING ClESCFiCleeC .A5 FOLLOWS
eECaI"""'It-U AT TWE 5OUT..u5T COfiiNER CF SAID LOT 11 THENCE 50uTH
es DEGREE!!> Cl4 Mll<UTES .., ~CONDS IlEST ALONe; T><E 5OUT" LINE OF
=<'ID LOT I A DI!!>TANCE ~ 101_ FEET a THENCE NOIi!T" e>e> t:-EGI<EES
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EASilY ALONG floE NORTl-IllNE CF SAlt) LOT 1 A DI&TANCE ~ 12tt>..a:! FEeT
TO THE u.e~T RIGHT.OF.WA" LINE OF LAKE WOIlCTH DRAINAGE DISTRICT
CANAL E-.4 AS SAME 15 ~CORDED ON CR=ICIJ'.L fii:ECORDS eoctc:. ..a~4~
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LEGAL DESCRIPTION
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FROM HE~DRI~ S DEMELLO ~lA
PHON::: NO
954 41806015
RUG 26 1998 10 22RM P2
Exhibit "C"
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PLANNING AND
ZONING DEPT.
August 26, 1998
Department of Development
Crty of Boynton Bea.ch
toO East Boynton Beach Blvd.
Boynton Beach, FL 33425
Re The Original Pancake House
Gateway Blvd. at Quantum Park
Statement of Special condItIOns, hardships or reasons JustlfvlOg the requested exception or
vanance.
A. The odd shape of the property (pie shaped), WIth Width varymg from 154' at the south
propert~ line to lIS' at the north property lloe, imposes the follo~ing hardship Wlth
regards to parking: lfthe required 20' side setback IS Imposed, this site will not support
sufficIent parking spaces for the approved restaurant use
B The property lS the result of the diVISion of <<Lotl " (Hampton Inn) lUto two properties as
approved by tlx developer and the CIty of Boynton Beach. The applicant had 00
involvement in tlus process.
C. Lot I although divided, has been treated as one site by the developer and the City The
location of the buildings 1D the site wi.1I visually compl)o with the mtentlon of the code.
D The reqUlred 20' SIde setback locates the building in such a way that the site will not
support sufficient parking spaces
E. The requested 4' reduction of setback IS the mInimum dimensIon necessary to allow for the
proposed SIte layout which comphes with the required parking.
F The granting of thiS variaoce will not alter 10 any shape or form the intent of this code or
be inJunous to the area or detnmental to the public welfare The development of thts
parcellS being done 1D hannony with the Hampton Inn parcel Some architectural features
and colors are require.d by the developer to be conunon to both buildmgs.
ndrik DeM~~~~
DM Architecture & Planning. Inc.
HDMIkz
1300 East Hill8bor,) Blvd .203 A Deerfield Beach FlII Ida :~:144l 9H/U8 0606 f 9H/US OO!2
rn
EXHIBIT "D"
CondItions of Approval
Project name: Origmal Pancake House
File number' ZNCV 98-006
Reference Zoning Code Variance ApplIcation dated 7/7/98.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments. None
UTILITIES
Comments. None
FIRE
Comments None
POLICE
Comments None
ENGINEERING DIVISION
Comments. None
BUILDING DIVISION
Comments. None
PARKS AND RECREATION
Comments. None
FORESTER/ENVIRONMENTALIST
Comments. None
PLANNING AND ZONING
Comments. None
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
I To be determmed.
ADDITIONAL CITY COMMISSION CONDITIONS
2. To be determmed.
/bme
s:\projects\cond of appr\
(p
DEVELOPftllJ:~T ORDER OF THE CITY COMMI~ION OF THE
rv OF BOYNTON BEACH, FLORI_A
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
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
X 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
LHAS
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
L 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
DATED
City Clerk
J:\SHRDATA\Planning\SHARED\WP\FORMS\Dev Orders\DEVELOPMENT ORDER REV.doc
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