REVIEW COMMENTS
7.A.2
QUANTUM PARK LOT 3
(ZNCV 03-008)
ZONING CODE VARIANCE
Meeting
Date'
File No:
Location,
Agentl
Applicant:
Owner'
Project:
Variance
Request:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO, PZ 03-198
STAFF REPORT FOR
PLANNING AND DEVELOPMENT BOARD AND CITY COMMISSION
August 26, 2003
ZNCV 03-008 (Peripheral greenbelt reduction)
Lot 3 Quantum Park P I D , Boynton Beach, FL.
Michael Rodriguez/ Ruden, McClousky, Smith, Schuster & Russell, P.A.
Bocar Properties, Inc.
Quantum Park Lot 3
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 2.
Zoning, Section 7 H 17, requiring a 25-foot wide peripheral greenbelt when abutting a
residential district, to allow a 7-foot wide peripheral greenbelt, and a variance of 18 feet for
a commercial office/warehouse building in a P.I D zoning district.
BACKGROUND
The subject property, owned by Bocar Properties, Inc. is located east of Congress Avenue, at the northwest
corner of Quantum Boulevard and L.W D D E-4 Canal (see Exhibit "A" - Location Map) Michael Rodriguez,
agent for the owner, is requesting relief from the above-referenced Land Development Regulations, which
requires a peripheral greenbelt on all sides of a Planned Industrial Development (PID), which includes the
western property line of the subject property The site plan application was reviewed and approved by the
Planning and Development Board on June 22nd, 1999 The application proposed to construct two, one-
story, office / warehouse buildings totaling 46,660 square feet (See Exhibit "B" - Approved Site Plan)
When approved, this project (Lot #3) provided more than the required parking spaces. A total of 132
parking spaces were proposed, including five (5) handicap spaces.
Recently, the owner of the property had requested a use approval (USAP 03-003) to allow additional uses,
whose characteristics are similar to commercial uses in nature. Such uses usually require more parking
spaces than most industrial uses
The following is a description of the land uses and zoning designation of the properties that surround this
site
North
Right-of-way for Lake Worth Drainage District L-21 Canal, then farther north is developed
residential property (Dos Lagos) with a Low Density Residential (LDR) land use designation,
zoned Planned Unit Development (PUD),
Page 2
Quantum Park Lot 3
File No ZNCV 03-008
South
Right-of-way for Quantum Boulevard, then further south is developed property with an
Office - Industrial - Hotel (OIH) land use designation, zoned Planned Industrial Development
(PID),
East:
L.W D D E-4 Canal right-of-way, and farther east Developed property (Masonic Lodge) with
an Office (0) land use option, zoned Planned Industrial Development (PID), and
West:
Developed commercial property (Shop pes of Boynton) with a Local Retail Commercial (LRC)
land use designation, zoned Community Commercial (C-3)
ANALYSIS
The code states that the zoning code variance 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 granting 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.
Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained
in Exhibit "C" Staff responses to selected items are as follows.
a. That special conditions and circumstances exist which are peculiar to the land involved and which
are not applicable to other lands; and
b. That the special conditions and circumstances do not result from the actions of the applicant
The subject request has been generated as a result of the applicant's intention to provide additional
parking spaces to support the expected demand for the newly approved commercial uses. Therefore, the
variance would not be necessary if the property would be used as originally approved for office, industrial
or warehouse uses. Furthermore, the same site requirements and use designations are applied similarly to
other properties located in the Quantum Park PID, and the buffer requirements are applied in the same
fashion to other perimeter parcels in the PID Additionally, through an amendment to the list of permitted
Page 3
Quantum Park Lot 3
File No ZNCV 03-008
uses for the Quantum Park PID, to allow commercial uses, the actions of the applicant have created the
special conditions and circumstances.
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.
Given that master plans are reviewed and approved initially for compliance with regulations and
conformance with quality design and compatibility objectives intended for planned zoning districts (i.e.
Planned Industrial District), granting of the subject request could represent a special privilege not typically
conferred to others. This statement is justified by the fact that relief would represent the lowering of
standards to which other PID master plans are held The intent of the peripheral buffer is to provide a
separation and transition between uses, which differ in terms of intensity and performance
e. That the variance granted is the minimum variance that will make possible the reasonable use of
the land, building, or structure.
Staff acknowledges that these restrictions add more challenges to providing additional parking spaces to
accommodate more parking-intensive uses. The approved site plan configuration does not leave sufficient
room elsewhere to provide the additional parking spaces to support commercial uses and meet all Land
Development Regulations.
With respect to criteria "e"above, which relates to the magnitude and necessity of the variance, the subject
property was approved under the "Office-Industrial" land use option Therefore, the building and site was
designed to maximize the site pursuant to the existing land use options. It is the opinion of staff that
"reasonable use" in this case would mean that the principal use of the project would be office and
warehouse uses, as originally intended by the use options, and that a small portion of the project could be
used for uses recently approved through the use approval process (commercial-like uses with more intense
parking ratios)
f That the granting 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.
According to the applicant, this portion of the subject property abuts the parking area for the adjacent
cinema The applicant intends to provide sufficient landscape buffering within the remaining seven (7) feet
of peripheral greenbelt to adequately buffer the additional parking area However, with respect to impacts
on the area, and satisfying criterion "f" above, staff acknowledges that the subject variance would not be
consistent with the general intent and purpose of the ordinance for the Planned Industrial District, which is
"to accomplish a more desirable environment for industrial development in relation to existing and/or future
city development", to "promote the public health, safety, convenience, welfare. "or to provide efficient and
harmonious design so as to create an attractive project"
The fact that the applicant amended the approved use list to allow commercial-type uses, requIring
additional parking, suggests that the hardship has been created from the applicant's action and not from
the physical characteristics of the subject parcel within the PID An argument can also be made that the
subject property, the westernmost perimeter lot of the PID, is more restricted than most because of the
large buffers on both the north and the west sides. However, is this truly a hardship and justification for a
variance, when there was no hardship when it was to be developed purely for Office/Industrial uses? In
light of the established PID use designation for the property, "Office/Industrial", and the recently approved
Page 4
Quantum Park Lot 3
File No ZNCV 03-008
use change, the most logical approach is to simply allow the current parking resources to govern the types
and intensity of uses allowed at the project. For example, without the variance and additional parking
spaces, the current parking space resources, due to the surplus, would accommodate just less than one-
quarter (approximately 11,665 square feet) of the project to be used for commercial-like uses (at 1 space
per 200 square feet) and the remainder split for office and warehouse space each occupying approximately
17,497 square feet. This is just one possible parking demand scenario that could vary, but would be
monitored by the owner, as committed to when requesting the use approval, to ensure that the
combination of uses can be supported by the available parking resources.
CONCLUSIONS/RECOMMENDATION
Based on the analysis contained herein, staff recommends that this request for relief to allow a 7-foot wide
peripheral greenbelt in lieu of the required 25-foot wide buffer, resulting in a variance of 18 feet be denied
No conditions of approval are recommended, however, any conditions of approval recommended by the
Planning and Development Board or required by the City Commission will be placed in Exhibit "D"-
Conditions of Approval
MDN
S:\Planning\SHARED\WP\PROJECTS\Quantum Park Lot 3\ZNCV 03-008\STAFF REPORT.doc
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EXHIBIT "e"
CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
V ARIANCE JUSTIFICATION STATEMENT
IN RE LOT 3, QU4NTUIU PARKAT BOYNTON BEACH P.I.D PLATONE
I. BACKGROUND
Bocar PropertIes, Inc ("PetItIOner") seeks a vanance pursuant to Chapter 1 5,
SectIOn 4 1 of the Land Development Code of Boynton Beach ("LDC") from SectIOn
7 .H.17 of the Land Development Code to allow for the reductIOn of the "Penpheral
Greenbelt" on the western property lme of the property from twenty-five (25') feet to
seven (7') feet m order to accommodate addItIonal parkmg PetItIOner's property IS
located wlthm the Quantum Park Planned Industnal DIstnct and IS legally described as
("Property")
Lot 3, QUA~'nUM PARK AT BOYNTON BEACH P.LD, PLAT NO 1,
accordmg to the plat thereof on file m the Office of the Clerk of the
CIrcUIt Court m and for Palm Beach County, F10nda recorded m Plat
Book 57, Page 182
PetItIOner seeks to construct addItIOnal parkmg to servIce the thIrty-t\VO (32) UnIt
commercIal office/\\ arehouse use on the Property The commercIal use of the Property
has mcreased the proposed demand for parkmg and PetItIoner mtends to supply
addItIOnal parkmg spaces to meet saId demand. The only vIable locatIOn for addItIonal
parkmg on the property IS along the western boundary lme where the "Penpheral
Greenbelt" IS currently located. PetItIoner seeks to place twenty-five (25) parkmg spaces
wIthm the western property lIne and seeks a vanance to reduce the wIdth of the
"Penpheral Greenbelt" from twenty-five (25') feet to seven (7') feet.
FTl.1 05411 5 1
\
Variance Justification Statement
In reo Lot 3 Quantum Park at Boynton Beach PID Plat No 1
June 19 2003
Page 2 of 10
(
EXHIBIT "e"
II. PREREQUISITES FOR VARIANCES
Chapter 1 5, SectIOn 4 I.D, LDC, provIdes for the Plannmg and Development
Board to have the followmg powers
The board has the authonty and duty to authonze upon appeal such
vanance from the terms of a CIty ordmance as wIll not be contrary to the
publIc mterest when, owmg to specIal condItIOns, a lIteral enforcement of
the provIsIOns of the CIty ordmance would result m unnecessary and undue
hardshI p
The Plannmg and Development Board, m exercIsmg the above referenced powers
and dutIes shall grant a vanance upon the followmg cntena, enumerated m Chapter I 5,
SectIOn 4 I.D I, LDC
a. That specIal condItIons and CIrcumstances eXIst whIch are peculIar
to the land, structure or bUIldmg mvolved, and which are not applIcable to
other lands, structures or bUIldmgs m the same zomng dlstnct.
b That specIal condItions and Circumstances do not result from the
actIOns of the applIcant for the vanance
c That grantmg the vanance requested WIll not confer on the
applIcant any specIal pnvIlege that IS demed by thIS sectIOn to other lands
structures or bUIldmgs m the same zomng dIstnct.
d. That hteral mterpretatIOns of the prOVISIOns of the ordmance would
depnve the applIcant of nghts commonly enjoyed by other properties m
the same ZOnIng dIstnct under the terms of the ordmance and would work
unnecessary and undue hardship on the applIcant.
e That the vanance granted IS the mmlmum vanance that Will make
possible reasonable use of the land, structure or bUIldmg.
f. That the grant of the vanance Will be m harmony wIth the general
mtent and purpose of thIS chapter and that such vanance WIll not be
mJunous to the area mvolved or be otherwise detnmental to the publIc
welfare
The Property IS located wIthm the Planned Industnal DIstnct (Pill) SectIOn
7.H.17, LDC, provides as follows
Penpheral greenbelt. The project area shall be enclosed on all SIdes wIth
the exceptIOn of accessways for traffic and freIght by a landscaped area
wIth a mImmum WIdth of twenty-five (25) feet except when such property
FTl. 1 054115 1
,
Variance Justification Stat~ment
III reo Lot 3 Quantum Park at Bo)'nton Beach PI D Plat Vo I
June 19 2003
Page 3 of 10
EXHIBIT "e"
abuts a reSIdentIal dIstnct such greenbelt shall have a mInImUm WIdth of
forty (40) feet.
The western perIpheral greenbelt of the Quantum Park PID runs along the PetItIOner's
western property lme PetItIOner IS seekmg a vanance to reduce the wIdth of the
penpheral greenbelt to allow for the placement of addItIOnal parkmg m order to
accommodate the expected mcreased demand due to the commercIal use of the Property
The locatIOn of property m the western portIOn of the Property IS the only feasible
locatIOn for addItIOnal parkmg. PetItIOner dIscussed the locatIon of parkmg between the
two commercIal bUIldmgs wIthm the "loadmg area." However, whIle the Planmng and
Zonmg DIVISIon supported the locatIOn of parkmg m that area, the EngmeerIng
Department objected to SaId locatIOn. Allowmg parkmg wIthm the western portIOn of the
Property IS the mmImum varIance that would allow the PetItIOners the reasonable use of
the Property
A That Speczal Conditions And Circumstances Exist Which Are Peculzar To
The Land, Structure Or Buzldzng Involved, And Which Are Not Applicable
To Other Lands Structures Or BUIldmgs In The Same Zonmg DIstrict.
The Property IS located on the western boundary of the Quantum Park PID The
Property IS bounded on the west by a commercIal use ("Regal Boynton 8 Cmemas"), on
the south by Quantum Boulevard, on the east by Lake Worth Dramage DIStrICt Canal E-4
Canal, and on the north by Lake Worth Dramage Distnct Canal L-21 and the Dos Lagos
reSIdentIal commumty The western and northern property lmes of the Property form the
western boundary of the Quantum Park prD The Property contams a twenty-five (25)
feet penpheral greenbelt adjacent to the western property lme and a forty (40) feet
penpheral green belt adjacent to the northern property lme The SIte area IS 4075 acres,
FTLl 05411 5 1
EXHIBIT "C'l
Variance Justification Statement
III reo Lot 3 Quantum Park at Boynton Beach PID Plat No /
June /9 2003
Page 4 of /0
and the gross buIldmg area IS proposed to be fortY-SIX thousand SIX hundred SIXty (46 660
s f) square feet of commercIal office/warehouse uses The Property IS one of only three
(3) nodes wIthm the Quantum Park P I D that IS affected by the penpheral greenbelt on
more than one property lme The reqUIrement for a penpheral greenbelt along more than
one property lme, along WIth the added burden of bemg adjacent to a resIdentIal use on
the north, provIdes a specIal condItIon that IS peculIar to the Property wIthm the Pill
B That Special CondztlOlls 4nd Circumstances Do Not Result From The
Actions Of The Applicant For The Varzance.
The topography and placement of property IS not a self-mflIcted or self-created
hardshIp With the penpheral greenbelt on t\\O (2) sIdes of the Property It IS subject to
set backs of twenty-five (25') feet and forty (40') feet on two (2) sIdes These setback
reqUIrements lImIt bUIldmg on the Property to a greater degree than other propertIes m
the subdIVISIOn that are bounded located wlthm the PID, or WIth only one property lIne
subject to the penpheral greenbelt. ThIS added buffenng lImIts the amount of open space
m WhICh to prOVIde the addItIonal parkmg that wIll accommodate the expected demand
due to the commercIal use on the Property
The Court m Elwyn v Czty of Mzamz 113 So.2d 849 (Fla.App 1959) stated.
The authontIes seem umform on the propOSItIOn that the dIfficultIes or
hardshIps relIed on must be umque to the parcel mvolved m the
applIcatIOn for the vanance They must be peculIar that partIcular
property, and not general m character smce dIfficultIes or hardshIps
shared WIth others m the area go to the reasonableness of the zomng
generally, and wIll not support a vanance
The locatIOn and area of the bUlldmgs coupled WIth the eXIstence of penpheral
greenbelts on two (2) sIdes of the Property creatmg twenty-five (25') foot buffer on the
western property lme and a forty (40) foot buffer on the northern property lme creates a
FTL.1 054115 1
\
V anance Justification Statement
In re Lot 3 Quantum Park at Boynton Beach PID Plat No I
June 19 2003
Page 5 of 10
EXHIBIT "G"
umque hardshIp The bUIldmg area and commercIal office/warehouse use WIth expected
hIgh demand for parkmg coupled WIth the locatIOn of the Property m relatIOn to the total
Quantum Park Pill creates a umque hardshIp that JustIfies the grantmg of a vanance
C That Granting The Varzance Requested Will Not Confer On The Applicant
Anv Special Privilege That Is Dented Bv This SectiOn To Other Lands
Structures Or BUildmgs In The Same Zonmg Distrzct.
The grantmg of the vanance requestmg a reductIon m the penpheral greenbelt
wIll not confer upon PetItIOner any specIal pnvIlege demed by the LDC PetItIoner IS
seekmg to mcrease the number of parkmg spaces on the Property to accommodate the
expended demand created by the commercIal office/warehouse use It was suggested by
Lusla Galav of the PlannIng and Zonmg DIVISIOn of the CIty of BOy'Tlton Beach that the
addItIOnal parkmg be placed between the two (2) bmldmgs on the Property However,
the CIty'S Engmeenng DIVISIOn, m dIscussmg the parkmg plan WIth the PetItIoner,
objected to the placement of parkmg between Bmldmg "A" and BuIldmg "B" on the
Property The only remammg avaIlable locatIon for parkmg on the Property was along
the western property lIne wIthm the penpheral greenbelt. The placement of addItIOnal
parkmg IS not a specIal pnvIlege demed by the LDC The parameters of the Property, m
conjUnctIOn WIth the reqUIred penpheral greenbelt lImIt the aVaIlable open space for
parkmg. Such a lImItatIOn results m the need for a vanance to the penpheral greenbelt
reqmrements to allow for the addItIOnal parkmg to be placed along the western portIOn of
the Property
FT1.1054115 I
EXHIBIT "e"
r anance Justification Statement
1/1 re Lot 3 Quantum Park at Boynton Beach PJD Plat No 1
June 19 2003
Page (j of 10
D That Literal Interpretations Of The Provisions Of The Ordinance Would
Deprive The Applicant Of Rlghts Commonlv Enjoyed Bv Other Properties
In The Same Zoning District Under The Terms Of The Ordznance And
Would Work Unnecessary And Undue HardshiP On The Applicant
The lIteral mterpretatIOn of the LDC would depnve the PetItIOner of nghts
commonly enjoyed by other PropertIes wIthm the Pill The PetItIOner attempted to
provIde addItIonal parkmg at the Property by way of placmg parkmg between BUIldmgs
"A" and B" However, the CIty'S Engmeenng DIVISIOn objected to the placement of the
parkmg m that locatIOn. In order to accommodate the expected mcreased demand for
parkmg. the PetItIOner IS seekmg a vanance to allow for the placement of parkmg wIthm
the penpheral greenbelt along the western boundary of the Property The mcrease m
parkmg serves to accommodate the expected demand of parkmg for the commercIal
office/warehouse use on the Property The Property's SIze, combmed WIth the addItIOnal
buffer reqUIrements along the western and northern boundanes, lImIt the aVaIlable space
on the Property for addmonal parkmg. The combmatIOn of mcreased buffer yards and
the objectIOn to the placement of parkmg between BUIldmg "A" and BuIldmg "B" has
resulted m an unnecessary and undue hardshIp on the PetItIOner
E That The Varzance Granted Is The Alznimum Varzance That Will Make
Possible Reasonable Use Of The Land, Structure Or Buildzng
The reductIOn of the twenty-five (25) foot penpheral greenbelt along the western
boundary of the Property m order to accommodate addItIOnal parkmg IS the mInImUm
vanance that wIll make reasonable use of the land. Lot 3 of the Quantum Park at
Boynton Beach PID, Plat No 1, IS located on the western edge of the ProJect. The
Property IS bounded on the west by the Regal Boynton 8 Cmemas and on the north by
FTL 10541151
EX!-JtBIT "e"
Variance Justification Statement
1/1 reo Lot 3 Quallfulll Park at Bovnton Beach P1D Plat No 1
June /9 2003
Page 7 of /0
Lake Worth Dramage DIstnct L-21 Canal and the Dos Lagos resIdentIal subdIvIsIOn.
Due to ItS locatIOn on the western bounds of the Project, the penpheral greenbelt for the
Quantum Park PID IS located on the Property's western and northern boundanes ThIS
penpheral greenbelt has resulted m addItIonal buffer yard reqUIrements on the Property
that most of the propertIes wIthm the PID are not burdened by The PetItIOner seeks to
proVIde addItIOnal parkmg to that mandated by the LDC The addItIonal parkmg IS ..
reqUIred to satIsfy and accommodate the expected mcreased demand due to the Property's
development as a commercIal office/warehouse" The PetItIOner mItIally, upon gUIdance
from the CIty'S Plannmg and Zomng DIVIsIOn, mtended to place the addItIonal parkmg
between BUIldmg "A" and BUIldmg "B" on the Property However the PetitIOner'S
dIscussIOn of the proposed addItIOnal parkmg wIth the CIty'S Engmeenng DIVISIOn
resulted m theIr ObjectIOn to Said locatIOn. Parkmg IS currently proposed along the
penmeter of the Property, except for the western portIOn. Parkmg along portIon IS
adjacent to the forty (40) foot penpheral greenbelt reqUIred to buffer the use from
reSIdentIal property The only avaIlable locatIOn wIthm the Property for addItIOnal
parkmg was along the western boundary In order for the additIOnal parkmg to be placed
on the Property, a vanance IS reqUIred to allow the penpheral greenbelt to be reduced to
accommodate the parkmg spaces
The PetItIOner mtends to proVIde suffiCIent
landscapmg along the remammg portIOn of the penpheral greenbelt to suffiCIently screen
the Property from the adjacent use The reductIOn of the penpheral greenbelt along the
western boundary IS the mImmum vanance that WIll make possible the reasonable use of
the Property due to the abuttmg parkmg area for the Regal Boynton 8 Cmemas to the
FTL.l0541151
V. ariance Justification Statement
In reo Lot 3 Quantum Park at Bovlltoll Beach PID Plat No I
June 19 2003
Page 8 of 10
E. X' .,~,- e"
"\. L.J I
west of the Propertv The parkmg area for the two propertIes WIll be abuttmg, reducmg
any negatIve Impacts to the publIc welfare.
F That The Grant Of The Varzance Will Be In Harmonv With The General
Intent And Pwpose Of This Chapter And That Such Variance Will Not Be
111}UrlOUS To The Area Involved Or Be OthenVlse Detrzmental To The
Pub!zc Welfare
Allowmg the PetItIOner to reduce the WIdth of the penpheral greenbelt on the
western property lme wIll be m harmony wIth the general mtent and purpose of thIS
Chapter and such vanance wIll not be mJunous to the area mvolved. The Property abuts
the Regal Boynton 8 Cmemas on the west. The parkmg area of the cmemas dIrectly
abuts the Property on the west. PetItIOner mtends to supply suffiCIent landscape buffenng
wIthm the remammg penpheral greenbelt to adequately buffer the addItIOnal parkmg to
be prOVIded on the Property from the cmema parkIng. Because the propertIes' parkmg
areas WIll abut each other after the grantmg of the vanance, the effect of the vanance wIll
not be mJunous to the area mvolved or otherwIse be detnmental to the publIc welfare
The addItIOnal parkmg proVIded WIll not affect the reSIdentIal propertIes to the north, nor
WIll the addItIonal parkmg prOVIded have a negatIve Impact on the adjacent commercIal
uses that fall outSIde the boundanes of the Quantum Park Pill
III. CONCLUSION
PetItIOner's request for a vanance from the penpheral greenbelt of the Quantum
Park at Boynton Beach Pill, IS necessItated by the expected mcreased demand for
parkmg on the Property The Property IS on the western edge of the Pill and the
penpheral greenbelt for the Pill IS located along two (2) of ItS boundanes. The mcreased
setback reqUIrements, coupled WIth the expected mcreased demand for parkmg on a
FTLl0541151
EXHIBIT "e"
Variance Justification Statement
In re Lot 3 Quantum Park at Boynton Beach P1D Plat No I
June 19 2003
Page 9 of 10
commerCial office/warehouse sIte, create a condItIOn that necessItates the grantmg of a
vanance to allow for the reductIOn of the western penpheral greenbelt to accommodate
addItIOnal parkmg. PetItIOner's request meets the condItIOns enumerated by the LDC
The condItIOns and CIrcumstances necessItatmg the vanance are peculIar to the Property
the speCIal condItIOns are not the result of actIOns on the part of the PetItIOner, the
grantmg of the vanance wIll not confer any speCIal pnvIlege that IS demed to other
property owners, the lIteral mterpretatIOn of the LDC WIll depnve the PetItIOner of nghts
commonly enjoyed by other owners, the vanance granted IS the mmImum vanance that
WIll make possible the reasonable use of the Property, and the grant of the vanance WIll
be m harmony WIth the general mtent and purpose of the LDC and that such a vanance IS
not mJunous to the area mvolved or detnmental to the publIc welfare.
IV CERTIFICATION
We understand that thIS petItIOn and all papers and plans submItted herewIth
become a part of the permanent records of the Planmng and Zonmg DIVISIOn. We hereby
certIfy that the above statements and any statements or showmgs m any papers or plans
submItted herewIth are true to the best of our knowledge and belIef. ThIS petItIOn wIll
not be accepted unless SIgned accordmg to the mstructIOns below
RESPECTFULLY SUBMITTED,
BOCAR PROPERTIES, INC.
Date
(,//9/0 2
I t
~--;:;< /?~
Robert Burrow, Authonzed PnncIpal
FTL.l0541151
i
Variance Justification Srate'f<t!nt
In re Lot 3 Quantum Park at Boynton Beach PID Plat No 1
June 19 2003
Page 10 of 10
EXHIBIT "e"
V AUTHORIZATION OF AGENT
RUDEN MCCLOSKY SMITH
SCHUSTER & RUSSELL, P A.
7 /
~~
SIgna ure of Authonzed Agent
&, /C) OJ
Date
We hereby desIgnate the above-referenced firm as our authonzed agent In regard to thIS
petItIOn.
BOCAR PROPERTIES, INC
~k/~
~/ :1/a3
Date F-
SIgnature of Authonzed PnncIpal
FT1.10541151
EXHIBIT "D"
CondItIons of Approval
ProJect name: Quantum Park Lot 3
FIle number' ZNCV 03-008
Reference:
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None
PUBLIC WORKS- Traffic
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
CondItions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
To be determmed.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments.
To be determmed.
S:\Planning\Shared\Wp\Projects\Quantum Lot 3\ZNCV 03-008\COA.doc