REVIEW COMMENTS
7.D.l
CLEAR COpy (ZNCV 03-027)
ZONING CODE VARIANCE
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO PZ 03-298
STAFF REPORT
FROM
Chairman and Members
Planning and Development Board and City Commission
Michael W Rumpf ~~
Planning and Zoning Director
Maxime Ducoste-A. . ~ ,
Planner l"'V'
TO
THRU
DATE
December 9, 2003
PROJECT NAME/NO
Clear Copy /ZNCV 03-027
REQUEST
Request for relief from the City of Boynton Beach Land Development Regulations, Chapter
2, Zoning, Section 11, H 16 d (19), to allow thirteen (13) parking spaces in lieu of the
nineteen (19) required by code, a variance of six (6) spaces for a medical office use in a
C-2 zoning district.
PROJECT DESCRIPTION
Property Owner' Bob Feldman
Applicant/Agent: Laura Segura - Blue Chip Lending Services
Location 660 West Boynton Beach Boulevard
Existing Land Use/Zoning Local Retail Commercial (LRC)/C-2
Proposed Land Use/Zoning No changes are proposed
Existing/Proposed Use Print shop/Medical Offices
Acreage 0 225 Acre (9,788 square feet)
Adjacent Uses
North West Boynton Beach Boulevard right-of-way and farther north is Wendy's
restaurant, zoned C-2,
South N W 1st Avenue right-of-way and farther south are Single-family residences, zoned
R-1A,
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Memorandum No PZ-03-298
Clear Copy ZNCV 03-027
East: Medical office building zoned C-2, and
West: N W ih Street right-of-way and farther west is Gateway Center, zoned C-2
BACKGROUND
The site is located at the southeast corner of Boynton Beach Boulevard and S. W 7th Street on the south
side of West Boynton Beach Boulevard (see Exhibit "A" - Location Map) The subject property was
developed in 1996 with one, two-story print shop building totaling 3,780 square feet (see Exhibit "B"-
Survey/Site Plan) This property was developed, using the parking space ratio for a printing use, which
requires one (1) parking space per 300 square feet of gross floor area A total of 13 parking spaces were
required, and provided It should be noted that due to site constraints, the parking spaces provided
constitute the maximum number of spaces the site can accommodate while complying with the Land
Development Regulations.
The owner of the property, Mr Bob Feldman, is in the process of selling the property, and it will be used
as a chiropractor's office The parking requirement for a chiropractor's office (medical office) is based on
the parking space ratio of one (1) parking space per 200 square feet of gross floor area, the proposed
project generates the need for a minimum of 19 parking spaces. The Land Development Regulations
require that parking requirements be brought into compliance with present-day code when a use change is
proposed that would generate the need for additional parking spaces. As the minimum number of spaces
cannot be provided on-site, relief is requested to allow the proposed use to proceed
The existing plan as submitted indicates that the building is 3,780 square feet. Based on the parking space
ratio for medical office uses of one (1) parking space per 200 square feet of gross floor area, the proposed
use generates the need for a minimum of 19 parking spaces. However, the applicant has sufficient land to
provide only 13 spaces. Therefore, a variance is necessary to obtain relief from the zoning regulations to
reduce the parking requirements from one (1) space per 200 square feet of gross floor area to one (1)
space per 291 square feet of gross floor area The proposed reduction and variance request represents a
difference of six (6) parking spaces.
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
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Memorandum No PZ-03-298
Clear Copy ZNCV 03-027
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.
g. Variances to minimum lot area or lot frontage requirements, that property is not available from
adjacent properties in order to meet these requirements, or that the acquisition of such property
would cause the adjacent property or structures to become nonconforming. Applicant shall provide
an affidavit with the application for variance stating that the above mentioned conditions exist with
respect to the acquisition of additional property
Staff conducted this analysis with emphasis on the applicant's response to the above criteria contained in
the Exhibit "C", and a review of the current site layout and capacity It is the position of staff that when
the site plan was originally approved, the improvements were tailored to best balance site constraints and
project needs. At the time of site plan approval, the project was designed to accommodate a print shop
Staff believes that the resulting deficiency in parking is attributed, in part, by the proposed intensification
of the property The current situation is also intensified by the proposed change to a medical use, which
increases the minimum-parking requirement to one (1) space for every 200 square feet. In contrast, the
previous use licensed for the property requires no more than one (1) space per 300 square feet and is
applied to the entire building The applicant is seeking a variance that represents one ofthe most intensive
uses and parking scenarios. A variance based on the medical use parking ratio would grant the property
owner the greatest flexibility in terms of uses. Nearly all retail uses would be accommodated by this
parking ratio if the variance is approved, except for restaurants, which requires a ratio of one (1) space
per 100 square feet. Further, variance approvals are attached with the property, therefore the approval
will allow this property to accommodate most retail uses permitted in the C-2 zoning district, some of
which may have greater customer turn-over and would generate more traffic.
The applicant believes there will be sufficient parking given that the majority of his patrons are either
dropped-off or utilize a shuttle service offered by the business, which would limit, to some extent, the
number of cars parked on the site.
Staff acknowledges the challenges presented by this property, and has considered if site constraints from
the built environment equate with "hardship" Using this viewpoint, one could construe that special
conditions and circumstances exist which are peculiar to the built-out property However these special
conditions and circumstances were caused by the application of a lesser parking ratio when the property
was originally improved Current parking regulations applicable to medical or even retail uses could not be
accomodated on this site without a reduction in building square footage.
As for whether the subject request represents the minimum variance necessary to make possible the
reasonable use of the land, it should be noted that the proposed use (medical) has a higher minimum-
parking ratio (1 per 200 square feet) than that required for printing uses. Applying this lower parking ratio
to the first floor of the building, and the professional office ratio to the second floor, would resulting a
minimum of 17 spaces required for the entire building, or a variance of 2 parking spaces. This scenario
would reduce the variance request by 4 parking spaces. However, separating the building into two
different uses would also limit the uses allowed on the first and second floors and likely require substantial
building modifications, a scenario that would be difficult to monitor and may lead to inconsistency Lastly,
the Land Development Regulations allow several uses, which the site can accommodate as designed and
approved The following uses are an example of those requiring a parking ratio similar to or less than what
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Memorandum No PZ-03-298
Clear Copy ZNCV 03-027
the site was approved for'
Personal, professional and business services including testing, repairing, and servicing, which include real
estate office, architecture, design, interior decorators, engineering, surveyor, and consulting firms; Animal
hospitals, Arts, crafts, graphics, and photographic studios, Nursery schools, day care centers, and other
pre-school facilities*, Dental laboratories*
In summary, staff believes that the applicant does not meet any of the hardship criteria A-G listed under
the analysis portion of this staff report.
CONCLUSIONS/RECOMMENDATION
Staff recommends that this variance request to allow the reduction in the required parking spaces to 13
spaces for a medical office in lieu of the 19 required for the subject project be denied due to the lack of a
hardship No conditions of approval are recommended, however, any conditions recommended by the
Board, or required by the City Commission, shall be included in Exhibit "D" - Conditions of Approval
MWR/mda
S:\Planning\SHARED\WP\PROJECTS\CLEAR COPy\ZNCV 03-027\STAFF REP.doc
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EXHIBIT "D"
CondItIons of Approval
PrOject name Clear Copy
File number ZNCV 03-027
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
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/ENVIRONMENT ALIST
Comments. None
PLANNING AND ZONING
Comments None
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
Comments.
1 To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments.
I 1 To be determmed. I I I
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