APPLICATION
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PROJECT NAME PENCE PARK
LOCATION 600 S.E 4th Street
COMPUTER ID 01-82000012
PERMIT #.
I FILE NO. ZNCV 01-012 I TYPE OF APPLICATION: Zoning Code
Variance
AGENT/CONTACT PERSON Paul M. OWNER/APPLICANT
Fleming, Engineering Department. City of Boynton Beach
PHONE 561-742-6487 PHONE 561-742-6000
FAX. 561-742-6285 FAX. N/A
ADDRESS N/A ADDRESS 100 East Boynton Beach, Florida
33425
Date of submittal/Projected meetin2 dates.
SUBMITTAL / RESUBMITT AL OS/21/01
1ST REVIEW COMMENTS DUE N/A
PUBLIC NOTICE 06/25/01
TRC MEETING N/A
PROJECTED RESUBMITTAL DATE N/A
ACTUAL RESUBMITTAL DATE N/A
2~D REVIEW COMMENTS DUE N/A
LAND DEVELOPMENT SIGNS POSTED N/A
(SITE PLANS)
PLANNING & DEVELOPMENT BOARD N/A
MEETING
COMMUNITY REDEVELOPMENT 07/10/01
AGENCY BOARD
CITY COMMISSION MEETING 07/17/01
COMMENTS
S:\Planning\SHARED\WP\PROJECTS\Pence Park ZNCV\2001 PROJECT TRACKING INFO.doc
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Has applicant attended a pre-application meeting? Date
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CITY OF BOYNTON BEACH
ZONING CODE VARIANCE APPLICATION
SUBMITTAL DEADLINE SEE SCHEDULE OF DATES FOR BOARD MEETINGS AND
SUBMITTAL DATES.
Please Print (in ink) or Type
Submittal Date M ~'( ~ I ( ~aV I
The undersigned owner(s) hereby respectfully petition(s) the Planning and Development Board to
grant to petitioner(s) a special exception or variance to the existing Zoning or Sign Code of said City
pertaining to the property hereinafter described and in support thereof state(s)
Lot(s) 1\
PeNU SUt?1J>lVISION No. 1-
Page ;?
Property Address 000 5. E. 4-tH S1Y<eer I 0o'(ti1D~ m, rL
PCN Number 08-47 -q,-oz,B -0'2.... 003-011 0
Variance requested ~~Ott'\ C()(~ ~, SC~'I()N 5, PAAA :r: I 5()~
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The following documents ar~~~!tc}g'be submitted with this application to form a single package
Incomplete package will not be accepted
Property involved is described as follows
Block :3 , Subdivision
Plat Book
.i
or otherwise described as follows
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
All property lines
North arrow
Existing structures and paving
Existing elevations
Rights-of-way, with elevations
Easements on or adjacent to the site
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Page 2
Zoning Code Variance Application
G Utilities on or adjacent to the site
H Legal Description
I Number of acres to the nearest one-hundredth (1/100) of an acre
J Location sketch of property
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 labels or addressed envelopes and postage (1 st 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 agent is submitting the petition. a notarized copy of a letter designating 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
1YI&
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;
That the special conditions and circumstances do not result from the actions of the
applicant;
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;
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 ~n, ihe applicant;
That the variance granted is the minimum variance that will ffJMe "Av>~b~ the
reasonable use of the land, building or structure, JI~:~I)t';r1 ~ 2001
That the granting of the variance will be in harmony with the gener ~rpose
-------------
B
C
D
E
F
Page 3
Zoning Code Variance Application
6
7
8
9
10
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare
An application fee in the amount of $400 00 plus postage, payable to the City of Boynton
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
Name and address of owner" C ITY D~ fJo'<1J1V,J ~H.
Name of apPlicantJAlI L. M r~ rJ&
Applicant's address ~ 00 gJ\ST (bD,(f.l1f)~ ~el\Gl-\ ~ , elJ'fltroJ ~a-\ (rL 3,Lf~,
Applicant's phone #" ~(p , q r ~ 4
Date Jj V3(1( 't J I ~ Signature of Applicant
,
Representative of the project must be present at all Technical Review Committee,
Planning and Development and City Commission meetings held to review this project.
TO BE COMPLETED BY PLANNING AND ZONING
1
Property is presently zoned
formerly zoned
2 Property Control Number"
3 Denial was made upon existing zoning or sign requirements (list section(s) of Code from which
relief is required)
4 Nature of exception or variance required
5
Case Number"
Meeting Date
nr
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LJ. MAY 2 5 200t
L_
Page 4
Zoning Code Variance Ap~ication
TO BE FILLED OUT BY BOARD
PLANNING AND DEVELOPMENT BOARD Approved
Aye
Denied
Nay
Stipulations
Signed
Chairman
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Page 5
Zoning Code Variance Application
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
APPLICANT'S PROPERTY
NOTICE TO APPLICANTS
FOR
REZONING AND/OR LAND USE ELEMENT AMENDMENT
CONDITIONAL USE APPROVAL
ZONING CODE VARIANCE
All applications received by the City of Boynton Beach after August 1, 1985 shall be
accompanied by mailing labels with the names and addresses of all property owners within
four hundred (400) feet of the subject property Applications will not be accepted without
these mailing labels
CONTACT --
PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
A TTN MAPPING DIVISION
301 North Olive Avenue
West Pal~each, Florida
(561) 355-j6~81
updated 03/23/01
J :ISHRDA T AIPlanninglSHAREDIWPIFORMSIAPPLlCA TIONS\ZNCV\ZNCV application with PCN.doc
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City of Boynton Beach
Department of Engineering
Construction Services Division
Statement of special conditions, hardships or reasons justifying the requested exception or variance
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
The subject property is currently a City Park (Pence Park) with existing and improved
recreational facilities provided by the City There is an existing restroom building that is no
longer suitable in supporting the City encouraged activities at the park. The City has planned
and would like to erect a new restroom building (in full compliance with all current codes and
standards) using the exact setbacks currently used for the existing building
B That the special conditions and circumstances do not result from the actions of the applicant
The City is the applicant and has done nothing (to my knowledge) to create any special
conditions or 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
The City is not seeking any special privilege with the granting of this variance
0 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
The new restroom building can not extend any further into the baseball/softball "foul" territory
without creating a potential safety hazard for the City residents who regularly use this portion of
the Park.
E That the variance granted is the minimum variance that will make possible the reasonable use
of the land, building or structure
The City is requesting the minimum variance needed for the new restroom building
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
The new restroom building will be in full harmony with the general intent and purpose, it will not
be injurious or detrimental to the public welfare in fact, it will promote a positive influence on the
success of the City's ongoing projects to improve the City for it residents
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C'\My Documents\C~rorecE;\Pence Park\Variance-1.doc
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DEED ~ti9 PAGe 100
WHEREAS, CULLEN PENCE and EMMA E. PENCE did on the
2Jrd day of November 1908 dedicate that certain property
designated as "Park Reserve" on the Plat of Pence's Subdivi-
sion No.1, recorded in Plat Book B, Page 148, Dade County,
Florida, Public Records, as a public park, with certain re-
strictions, and
WHEREAS, the said Cullen Pence has since died, and the
aforesaid Emma E. Pence has remarried, and is now EMMA E.
BENNETT, a resident of Palm Beach County, Florida, and
WHEREAS, the CITY OF BOYNTON BEACH has requested the
aforesaid Emma E. Bennett to convey the above described property
to the said City for park purposes,
WITNESSETH: That the said EMMA E. BENNETT, formerly
Emma E. Pence, in consideration of the sum of One ($1.00) Dollar,
and in order to carry out the purpose of the dedication herein-
before referred to, has remised, released and quit-claimed, and
by these presents does remise, release and quit-claim unto the
said CITY OF BOYNTON BEACH, a municipal corporation organized
and existing under the laws of Florida, the following described
lot, piece or parcel of land, situate, lying and being in the
County of Palm Beach, State of Florida, to-wit:
That certain property designated as
"Park Reserve" shown on the Map of
PENCE'S SUBDIVISION NO.1, recorded
in Plat Book B, Page 148, Dade County,
Florida, Public Records
SUBJECT, however, to the following restrictions and conditions:
1. That the above described property be forever known
and designated as "Pence Park".
2. That the above described property, or any part there-
of, shall not be sold or transferred to any person,
firm or corporation.
J. That the above described property shall be maintained
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IEEO bti9 PAGE 134 as a public park, containing an athletic field and
children's playground, for the use and benefit or
all persons residing in the community.
4. That the above described property be maintained con-
tinually by the Grantee in a condition, and for such
purposes, as will enable its use at all times for
the purposes hereinbefore set out.
5. That the above described property shall at all times
be held in trust by the Grantee, and its successors,
solely for the use and benefit of the public.
The Grantee, by the acceptance of this conveyance, ex-
pressly covenants and agrees that should a breach of any of the
aforesaid conditions and restrictions occur, or should the above
described property cease to be used for the purposes hereinabove
set out for a period or Five (5) years, then, and in such event,
the land and all improvements situate thereon, shall revert to
the Grantor, her heirs or assigns.
IN WITNESS WHEREOF the said Grantor has hereunto set her
hand and seal this ~ day of February, A.D. 1949.
Signed, sealed and delivered
in the presence of:
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Emma E. Bennett
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Before me personally appeared
~mm.~____~_!___ J3enn._~_t t '.mfQJ.'JJ;J._~.!:Jz_. Emma E e Pen c e.,---_
to me well known and known to me to be the individual described in and who executed the foregoing instru-
ment, and acknowledged before me that She executed the same for the purposes therein expressed.
. ;~!\'V1!fNESS
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my hand and official seal this I.X~day of
19 .-49
E-e-bruar.y
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Notary Public in and for the County and State Aforesaid.
My commission expires ~ ~ ;2) ~ /;; 00
T is ir::;,r~!i:cr;,t was filed tvr Rcc..; J a.t// ~ 1: ~ / d.- (f~. J '-_~ n a .
recorded in _-; - - ~/Book 0/ c;lT'p J.'-:2:R-Y ~L ,/'-' 1:.14 / <;:-:j
v ~ 0 fP' 7 age JJ. ecord verified. J Alex Arnett~
Clerk Circuit Court. Palm Beach, County Fla. By h/-;(,IA.c.-/~JD '
, ('C.7 . eputy Clerk
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City of Boynton Beach
Oepartment of Engineering
Construction Services Division
PENCE PARK - ZONING VARIANCE
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