APPLICATION
-
PROJECT NAME Quantum Park Lot 3
LOCATION
PCN. 08-43-45-17-06-000-0030
I FILE NO. ZNCV 03-008 II TYPE OF APPLICATION I
AGENT/CONTACT PERSON OWNER. Bocar Properties, Inc.
Michael Rodriguez - Ruden McClosky PHONE
PHONE 954-527-2438 FAX.
FAX. ADDRESS 3 Waterview Drive
ADDRESS 200 E. Broward Blvd. Suite1500 Boynton Beach, FL 33435
Fort Lauderdale, FL 33301
Date of submittaVProiected meetin2 dates.
SUBMITTAL / RESUBMITTAL 6/20/03
1 ST REVIEW COMMENTS DUE N/A
PUBLIC NOTICE 8/12/03
TRC MEETING N/A
PROJECTED RESUBMITTAL DATE N/A
ACTUAL RESUBMITTAL DATE N/A
2ND REVIEW COMMENTS DUE N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS)
PLANNING & DEVELOPMENT BOARD 8/26/03
MEETING
COMMUNITY REDEVELOPMENT N/A
AGENCY BOARD
CITY COMMISSION MEETING 9/2/03
COMMENTS
S:\Planning\SHARED\WP\PROJECTS\Quantum Lot 3\2003 PROJECT TRACKING INFO.doc
City Codes Accessed Via Website
www.bovnton-beach.org
www.amlegal.com/bovnton beach fl
Has applicant attended a pre-application meeting? ,/ES Date
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CITY OF BOYNTON BEACH
PLANNING & ZONING DIVISION
CODE VARIANCE APPLICATION
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SUBMITTAL DEADLINE SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES.
Please Print (in ink) or Type
Submittal Date
The undersigned owner(s) hereby respectfully petition(s) the City Of Boynton Beach to grant to
petitioner(s) a special exception or variance to existing code of said City pertaining to the property
hereinafter described and in support thereof state(s)
Property involved is described as follows
Lot(s) 3
Block
Plat Book
Subdivision QU~Tt.lM PAR~ AT f50~..JTO,.J 15e:AC.~ PI 0 I PL.,AT 1
Page 182- 183 or otherwise described as follows
51
Property Address GIJj....JT\)M eot.l'--€:..JJIo.~
PCN Number 08 43 4S 17 olt. 000 0030
Variance requested including code chapter and section, existing code standards (i e
setback distance, number of required parking spaces etc) requested standard and the
variance (existing code standard minus requested standard)
P-E.i\l1o..lm. sc:.EKS A -J~\~C.E. "TO 5-E.CTlo..J 7. H. '1, LA.JD DE..,JELOPrv\e:.JT c.ooe. I TO R€:DLlc.E
THE WIDTH OF T~e:. "PE.RIPl-4E.RAL C:rRE.ErJBE.LT H ON THE. vJE.STE~ PROPEfZ.T1 Ll,JE
, I
.f'~OM 25 TO 7 TO Ac.c:OMMOo....,.e:. ADDI"O.Jt-.L PAtz.~I....1(,
The following documents are required to be submitted with this application to form a single package
Incomplete package will not be accepted
1 Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months
old indicating
A
B
C
D
E
F
G
H
I
J
All property lines
North arrow
Existing structures and paving
Existing elevations
Rights-of-way, with elevations
Easements on or adjacent to the site
Utilities on or adjacent to the site
Legal Description
Number of acres to the nearest one-hundredth (1/100) of an acre
Location sketch of property
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Ctidf
Zoning Code Variance Application
K. Surveyor's Certificate
2 Two site plans properly dimensioned and to scale showing
A. All proposed structures
B All existing structures that are to remain on site
C Setback lines for all structures drawn perpendicular from the property lines to the
closest vertical wall of structures
D Use of each structure (or uses within multiple occupancies)
E Use of adjacent properties including right-of-way lines for all streets and alleys,
sidewalks, turn lanes and driveways
F Elevations of the lowest finished floor of all structures on the site
3 Certified list of names and post office addresses of property owners and legal descriptions of
their property within 400 feet of subject property, as recorded in the County Courthouse
including a tax map showing placement of 400 feet boundary Such list shall be accompanied
by an Affidavit (see attached) stating that to the best of the applicant's knowledge, said list is
complete and accurate, as well as addressed envelopes and postage (1 sl class--stamps or
payment for required postage)
4 Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an aaent is submittina the petition. a notarized copy of a letter desianatina him as
such must accompany the petition.
5 Statement of special conditions, hardships or reasons justifying the requested exception or
variance Respond to the six (6) questions below (A-F) on a separate sheet (Please print or
!Yf&
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 chapter 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 and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare
6 An application fee in the amount of $400 00 plus postage, payable to the City of Boynton
Zoning Code Variance Application
Beach, must accompany a completed application The $40000 application fee covers a
request to vary one (1) section of the Code Seeking relief from more than one section of the
Code will require payment of $10000 for each additional Code section
7 Name and address of owner: 6041- PROPERilE.S, 1""(, , 3 vJb.Ta.JIEvJ DR I ccE,6.14 R.106E, Fl. 33+35
8 Name of applicant: RlJoe:N M'-'-l.05K-J I E.T I).l. , AC,EN"T rOft O""~EJZ.
9 Applicant's address 200 EAST BRcwARD 8OLlL€.J~~P, SLlI'TE. ISoo
~T U.LlDE:~~, FL 33301
Applicant's phone #. 95+ 521 2436
Date \q Ju..!€., 2003
Signature of Applicant:
10 Representative of the project must be present at a Technical Review Committee,
Planning and Development Board or Community Redevelopment Agency Board and
City Commission meetings held to review this project.
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
A~U=ERT~
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All applicatIOns received by the City of Boynton Beach shall be accompanied by the list with names and addresses of all property
owners within four hundred (400) feet of the subject property and addressed envelopes. ApplIcatIOns will not be accepted without
these mallmg labels.
CONTACT.P ALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
A TTN MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
Phone (561) 355.2881
FAX (561) 355-3881
TO AND SUBSCRIBED before me this 19th day of June, 2003
dated 10/16/01 a~ ~
Notary Publ; c, t te of Fl or; da
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S'~\"".~'.f:-~ Beverly Ann Bell
~~ ~'~'~*i MY COMMISSION # DD046835 EXPIRES
~A.~ November 26, 2005
"P.f..r.;... BONDED THRU TROY FAIN INSUI!ANC~ INe.
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JIJl-26-1999 a3:~apD 99-304392
ORB 1 1255 Pg 555
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1111111 UI 11111 1111111 III II IJI II 11111 FJ II elfin 11111
lrep3red By and Return To'
W C. 70/DF
David B Norris, Esquire
Cohen, Norris, Scherer Weinberger & Wolmer
712 U S. Highway One
North Palm Beach, Florida 33406
FOLIO No.~-43-45-17 ..(J6-QOO-0030
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THI$..:S,P};c,'AL WARRANTY DEED mad& th& 21st day of JUL V, 1999, by QUANTUM LIMITED
PARTNERS, <~lq~~,~ a Florida limited Partnership, hereinafter called the Grantor. to BOCAR
PROPcRTII::S~-tNC" ~.F~rida corporation, having an address at 6662 N.W 98th Drivl't. Parkland,
Florida 33076, h~~ter called the Grantee:
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(Wherever ~~dch)erein, the terms "Grantor" and "Grantee" include all the parties to
this Instrumf}nt and-~h8 heirs, legal representatives and assigns of individuals, and
the succ:essOr\J~SignS of corporations and partnerships)
WITNESSETH: T~(iha~rantor, for and In consideration of the sum of $10.00 and other
good and valuable considirati()ri!~eipt and sufficiency whereof are hereby acknowledged, hereby
grants. bargains, salls, alion~;"!'firmses releases, conveys and confirms unto the Grantee all those
j;ertaln parcels of land sltuanut in PALM BEACH County, Florida. and more particularly described
as follows: / (~
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Lot 3, QUANTUM PARK AT BOYNTON BEACH P.l.D., PLAT NO 1, according to the plat
thereof on file In the Office orVt6"~~lerk of the CirGuit Court in and for Palm Beach County,
Florida recorded in Plat Boo~i57,.page 182.
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TOGETHER with all the tenemer\~.heritditaments and aJ:lpurtenances thereto belonging or
in anywise appertaining, including all r"TiihG'.-t(tIC and Interest of the Grantor tn and to adjacent
streets, roads, alleys and rights of way' \( ~\...:;.")
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SUBJECT TO those matters set forth ~~iblt----A" attached hereto and made a part hereof,
without hereby reimposing the same- ,t~ /' \,
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TO HAVE AND TO HOLD, the same In fe~s~~ forever;
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AND the Grantor hereby covenants with th~~~ }tIat the grantor is lawfully seized of
said land In fee simple; that tile Grantor has good ri9hf l'li'UVI\{~ul authority to sell and convey said
land. and hereby warrants the title to said land and wttt~nd thl't same against the lawful claims
of all persons claiming by. through or under the said Gl'ant.Q[ and none other
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SPECIAL WARRANTY DEED
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IN WITNESS WHEREOF. the said Grantor has hereunto set its hand and seal the day and
year first above written.
Signed. sealed and de!ivcred in the presem;e of;
QUANTUM LIMITED PARTNERS, LTD
a Florida limited Partnership
BY- MFT DEVELOPMENT; INC., a
Flori Corporation, as
::nj I pa~er
DO GlAS MACDONALD,
Pre ldent
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STATE OF FLORI~ j P
COUNTY OF PALM ~ACH
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The foregoing inX\rOl)}~t was acknowledged before me (his 21st day of July, 1999 by Douglas
MacDonald as preSident\Bf'~~ Development. Inc., a Florida Carper.ation-and. General Partner of
Quantum Limited Partners, ~~d it .'Florida Limited Partnership on behalf of the Partnership. He/she IS
personally known to me or h~~prod~d .'::-:-- -- - - ; as idenlificati6'h
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_" Printed Nolary Signature
(,./- , My commission expires'
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EXHIBIT "A" TO SPECIAL WARRANTY DEED
"Permitted Exceptions" as listed below'
1
Restrictions, covenants, conditions and easements as contained on the Plat of
Quantum Park at Boynton Beach, P 1.0 I Plat No.1, recorded in Plat Book 57,
Page 182 Public Records of Palm Beach County. Florida.
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RJ;;~tions. covenants, conditions and easements, which include provisions for
\:it"'priJ~~ charge or assessment. as contained in the Declaration dated October
"t4~/'f~7 a. nd recorded October 15. 1987 In Official Records Book 5450 Page
1\{mr;...iQ9@ther with the amendment as recorded in Official Records Book 6393
Pas.e~t!!3., and Assignment of Rights of Declarant Appointment and Approval in
Offictcrl }tecords Book 10540, Page 61, Amendment to Assignment recorded in
Offid!tl!.Record~ Book 10582 Page 1256 Public Records of Palm Beach County
Florida. -' - U
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Assignme'r.!vot-Reservations contained in instrument dated March 1 1994 and
recorded March~ 1994 in Official Records Book 8158, Page 1324 Public
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Records of p~l~~ach County. Florida
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Adoption of Dev~l6p~ent Order contained in instrument recorded May 2. 1985 in
Official Records B0.9It~~34, Page 1728, as modified in Official Records Book
4965, Page 619- cfifjcial Records Book 5090, Page 510 Official Records Book
5584, Page 1273- OfPci...'6'~ecords Book 9679, Page 532 and Official Records
Book 10072, Page 1~UbliC Records of Palm Beach County Florida.
Oil, Gas and Mineral R"ei"ervations in favor of Trustees of the Internal
Improvement Fund as COM.tairni~. in Deed dated August 20, 1954 and recorded
September 14 1954 in De~f~,~pk 1065, Page 421. Public Records of Palm
Beach ~ounty Florida. Thr~r~ght ~ ~ntry for mining and exploration in said
reservations has been releaself ~~~~on 270 11 F S
Affidavit by the Lake Worth Drai~g~t>JSJrjct relative to the required Rights-of-
Way for drainage control and irrigat~. c9~afned in instrument recorded in Official
Records Book 1732 Page 612, Pub~~~!?rds of Palm Beach County, Florida.
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Real Estate Taxes and assessments fO~~9!>,999 and all subsequent years.
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Oil, Gas and Mineral Reservations in' "Sfavor of Trustees of the Internal
Improvement Fund as contaIned in Deed d~tf.f,,~Ugust 3D, 1955 and recorded
September 12. 1955 in Deed Book 1107 ~1f)4, Public Records of Palm
Beach County, Flonda The right of entry fo((fOjfi.lng and exploration in said
reservations has been released by Section 270 'f+:F:~$.
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BOCAR PROPERTIES INC.
3 W A TERVIEW DRIVE
OCEANRIDGE, FL. 33435
June 19,2003
CIty of Boynton Beach
100 East Boynton Beach Blvd, POBox 310
Boynton Beach, Flonda 33435-0310
Subject. Vanance Request
ThIS letter authonzes Ruden, McClousky SmIth, Schuster & Russel, P.A. to represent
BOCAR PROPERTIES INC m an applIcatIOn for a vanance
Smcerely,
BOCAR PROPERTIES
R~,;6~
Robert H. Burrow
PresIdent
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l\elHoward
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BOCAR PROPERTIES INC.
3 W ATERVIEW DRIVE
OCEANRIDGE, FL. 33435
June 19,2003
CIty of Boynton Beach
100 East Boynton Beach Blvd, POBox 310
Boynton Beach, Flonda 33435-0310
Subject: Vanance Request
ThIS letter authonzes Ruden, McClousky, SmIth, Schuster & Russel, P.A. to represent
BOCAR PROPERTIES lNC m an applIcatIOn for a vanance.
Smcerely
BOCAR PROPERTIES
2
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Robert H. Burrow
PresIdent
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~i~:~,," leslie T. Howard
~*:~.*~ MYCOMMlSStONI 00182421 EXPIRES
~" :"'ff February 3, 2007
"~P.f:.~,' BONDED THRU TROY FAIN INSURANa,INC
CITY OF BOYNTON BEACH, FLORIDA
PLANNING AND ZONING DIVISION
VARIANCE JUSTIFICATION STATEMENT
IN RE LOT 3, QUANTUM PARKAT BOYNTON BEACH P.LD., PLAT ONE
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.l 7 of the Land Development Code to allow for the reductIOn of the "Penpheral
Greenbelt" on the western property Ime of the property from twenty-five (25') feet to
seven (7') feet m order to accommodate addItIonal parkmg. PetItIoner's property IS
located wIthm the Quantum Park Planned Industnal Dlstnct and IS legally described as
("Property")
Lot 3, QUANTUM PARK AT BOYNTON BEACH P.I.D, PLAT NO 1,
accordmg to the plat thereof on file m the Office of the Clerk of the
CIrCUIt Court III and for Palm Beach County, Flonda recorded m Plat
Book 57, Page 182
PetItIOner seeks to construct addItIonal parkmg to servIce the thIrty-two (32) umt
commercIal office/warehouse 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 Ime where the "Penpheral
Greenbelt" IS currently located. PetItIOner seeks to place twenty-five (25) parkmg spaces
wlthm the western property lme and seeks a vanance to reduce the WIdth of the
"Penpheral Greenbelt" from twenty-five (25') feet to seven (7') feet.
FTL.l 054115 1
Variance Justification Statement
In reo Lot 3 Quantum Park at Boynton Beach PID Plat No I
June 19 2003
Page 2 of 10
II. PREREQUISITES FOR VARIANCES
Chapter 1 5, SectIOn 4 I.D, LDC, provIdes for the PlannIng 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
hardshIp
The Plannmg and Development Board, m exercIsmg the above referenced powers
and dutIes shall grant a vanance upon the followmg cntena, enumerated m Chapter 1 5,
SectIOn 4 I.D 1, LDC
a. That specIal condItIons and CIrcumstances eXIst whIch are peculIar
to the land, structure or bmldmg mvolved, and WhICh are not applIcable to
other lands, structures or bmldmgs m the same ZOnIng 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 denIed by thIS sectIOn to other lands,
structures or bmldmgs m the same zomng dIstnct.
d. That lIteral 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 bmldmg.
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 wlthm the Planned Industnal Dlstnct (PID) 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 mInImUm WIdth of twenty-five (25) feet except when such property
FTL. 1 054115 1
Variance Justification Statement
In reo Lot 3 Quantum Park at Boynton Beach PID Plat No 1
June 19 2003
Page 3 of 10
abuts a resIdentIal dlstnct such greenbelt shall have a mmlmum wIdth of
forty (40) feet.
The western penpheral greenbelt of the Quantum Park PID runs along the PetItIoner's
western property Ime 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 wlthm the "loadmg area." However, whIle the Planmng and
Zomng DIVISIOn supported the locatIOn of parkmg m that area, the Engmeenng
Department objected to SaId locatIon. Allowmg parkmg wlthm the western portIOn ofthe
Property IS the mmlmum vanance that would allow the PetItIoners the reasonable use of
the Property
A. That Speczal Condztzons And Circumstances Exist Which Are Peculiar To
The Land, Structure Or Building Involved, And Which Are Not Applicable
To Other Lands, Stntctures Or Buildings In The Same Zoning 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 Dlstnct Canal E-4
Canal, and on the north by Lake Worth Dramage Dlstnct Canal L-21 and the Dos Lagos
reSIdentIal commumty The western and northern property Imes of the Property form the
western boundary of the Quantum Park PID The Property contams a twenty-five (25)
feet penpheral greenbelt adjacent to the western property Ime and a forty (40) feet
penpheral green belt adjacent to the northern property Ime. The SIte area IS 4 075 acres,
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 4 of 10
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 wlthm the Quantum Park P.I.D that IS affected by the penpheral greenbelt on
more than one property Ime. The reqUIrement for a penpheral greenbelt along more than
one property lIne, 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 wlthm the Pill
B That Special Conditions And CIrcumstances Do Not Result From The
Actions Of The Applicant For The Variance.
The topography and placement of property IS not a self-mflIcted or self-created
hardshIp With the penpheral greenbelt on two (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 wIthm the PID, or WIth only one property Ime
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 City of Mzami, 113 So.2d 849 (Fla.App 1959) stated.
The authontles 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 zonmg
generally, and WIll not support a vanance
The locatIOn and area of the bUIldmgs coupled WIth the eXIstence of penpheral
greenbelts on two (2) SIdes of the Property creatmg twenty-five (25') foot buffer on the
western property Ime and a forty (40) foot buffer on the northern property Ime creates a
FTL.I0541151
Variance Justification Statement
In re Lot 3 Quantum Park at Boynton Beach PID Plat No I
June 19 2003
Page 5 of 10
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 Variance Requested Will Not Confer On The Applicant
Any Special Privilege That Is Denied By Thzs Section To Other Lands,
Structures Or Buildings In The Same Zonzng District.
The grantmg of the vanance requestmg a reductIOn m the penpheral greenbelt
WIll not confer upon PetItIoner any speCIal pnvllege 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
LusIa Galav of the Planmng and Zomng DIVISIOn of the CIty of Boynton Beach that the
addItIonal parkmg be placed between the two (2) bUIldmgs on the Property However,
the CIty'S Engmeenng DIVlSlon, m dlscussmg the parkmg plan wIth the PetItIoner,
objected to the placement of parkmg between BUIldmg "A" and BUIldmg "B" on the
Property The only remammg avaIlable locatIon for parkmg on the Property was along
the western property lIne wlthm 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
reqUIrements to allow for the addItIonal parkmg to be placed along the western portIOn of
the Property
FTL.l0541151
Variance Justification Statement
In re Lot 3 Quantum Park at Boynton Beach PID Plat No I
June /9 2003
Page 6 of /0
D That Literal Interpretations Of The Provisions Of The Ordinance Would
Deprive The Applicant Of Rights Commonly Enjoved By Other Properties
In The Same Zoning District Under The Terms Of The Ordinance 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 PID 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 wlthm
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 addItIonal 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 Variance Granted Is The Minimum Variance That Will Make
Possible Reasonable Use Of The Land, Structure Or Btlllding
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 mmlmum
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.1054 11 5 1
Variance Justification Statement
In reo Lot 3 Quantum Park at Boynton Beach PID Plat No I
June 19 2003
Page 7 of 10
Lake Worth Dramage Dlstnct L-21 Canal and the Dos Lagos resIdentIal subdlvlSlon.
Due to ItS locatIon on the western bounds of the Project, the penpheral greenbelt for the
Quantum Park Pill 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 wlthm the Pill are not burdened by The PetItIoner seeks to
prOVIde addItIonal parkmg to that mandated by the LDC The addItIonal parkmg IS It
reqUIred to satIsfy and accommodate the expected mcreased demand due to the Property's
development as a commercIal office/warehouse.~ The PetItIoner ImtIally, upon gUIdance
from the CIty's Plannmg and Zomng DIVISIOn, mtended to place the addItIonal parkmg
between BUlldmg "A" and BUlldmg "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 wlthm 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 mmlmum 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.1 054115 1
Variance Justification Statement
In reo Lot 3 Quantum Park at Boynton Beach PID Plat No I
June 19 2003
Page 8 of 10
west of the Property The parkmg area for the two propertIes WIll be abuttmg, reducmg
any negatIve Impacts to the publIc welfare.
F That The Grant Of The Variance Will Be In Harmony With The General
Intent And Purpose Of This Chapter And That Such Variance Will Not Be
Injurious To The Area Involved Or Be Otherwise Detrimental To The
Public Welfare
Allowmg the PetItloner to reduce the WIdth of the penpheral greenbelt on the
western property lIne 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 PetltIOner mtends to supply suffiCIent landscape buffenng
wIthm the remammg penpheral greenbelt to adequately buffer the addItlonal parkmg to
be prOVIded on the Property from the cmema parkmg. 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 addltlonal parkmg prOVIded WIll not affect the resldentlal propertIes to the north, nor
WIll the addltlonal parkmg proVIded have a negatIve Impact on the adjacent commercIal
uses that fall outSIde the boundanes of the Quantum Park Pill
III. CONCLUSION
PetltIOner'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 reqmrements, coupled WIth the expected mcreased demand for parkmg on a
FTL.l0541151
Variance Justification Statement
In reo Lot 3 Quantum Park at Boynton Beach PID 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 necessltatmg 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 mmlmum 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 Plannmg and Zomng 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 ~
( t
~-;k:(/?~
Robert Burrow, Authonzed Pnnclpal
FTL.1054115 1
Variance Justification Statet",~nt
In reo Lot 3 Quantum Park at Boynton Beach PID Plat No I
June 19 2003
Page 10 of 10
V AUTHORIZATION OF AGENT
RUDEN MCCLOSKY SMITH
SCHUSTER & RUSSELL, P.A.
~ /
~
SIgna ure of Authonzed Agent
(P ICJ {J5
Date
We hereby desIgnate the above-referenced firm as our authonzed agent In regard to thIS
petItIOn.
BOCAR PROPERTIES, INC.
~'7/~~
SIgnature of Authonzed PnncIpal
~/ VQ3
Date ~
FTL.10541151