AGENDA DOCUMENTS
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office
0 August 6, 2002 July 17,2002 (5:00 p.m.) 0 October I, 2002 September 16, 2002 (Noon)
0 August 20, 2002 AugustS, 2002 (Noon) [gJ October IS, 2002 September 30, 2002 (Noon)
0 September 3, 2002 August 19,2002 (Noon) 0 November 6, 2002 October 14, 2002 (Noon)
0 September 17, 2002 September 3. 2002 (8:00 a.m.) 0 November 19, 2002 November 5,2002 (Noon)
0 Admimstrati ve 0 Development Plans
NA TURE OF [gJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfinished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDA nON: Please place this request on the October 15,2002 City Commission Agenda under
Consent Agenda. The Community Redevelopment Agency Board with a 3 to 2 vote, recommended that the subject request
be denied. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 02-201
EXPLANA nON:
PROJECT
AGENT
OWNER.
LOCATION
DESCRIPTION
GA TEW A Y TEXACO (ADAP 02-001)
Beril Kruger
Zuhair Marouf
2360 North Federal Highway
Appeal of admmlstrative determinatIon that proposed improvement of gas statIOn IS an
unlawful expansion of legal non-conforming use.
PROGRAM IMPACT:
N/A
FISCAL IMPACT:
N/A
ALTERNATI~ N/A
/ . ,)l~
De~lopmen partment Director
City Manager's Signature
?V)~
Planning and Zonm Irector
City Attorney / Finance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Gateway Texaco\Agenda Item Request Gateway Texaco ADAP 02-00 I 10-15-02.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
..
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 02-201
TO:
Chairman and Members
Planning and Development Board
FROM:
Michael Rumpf
Planning and Zoning Director
DATE:
September 27, 2002
SUBJECT: Gateway Texaco Gas Station - Administrative Appeal (ADAP 02-001)
Expansion of nonconforming use for storage of retail merchandise
(Revised)
Project Name:
Gateway Texaco (ADAP 02-001)
Location:
2360 North Federal Highway
Owner:
Mr Zuhair Marouf
Agent:
Mr. Beril Kruger, Beril Kruger Planning and Zoning Consultants
Request:
Notice of Appeal from the July 16, 2002 decision of the Planning
and Zoning Director, identifYing proposed improvement as unlawful
expansion of nonconformmg use
BACKGROUND
Request for proposed expansion
The subject property owner desires to expand the above-referenced use to provide
additional building area for the storage of merchandise The proposed expansion was
presented to staff who was requested to respond in writing as to whether said
improvement would be allowed by city regulations. On July 16, 2002 the Planning and
Zoning Director rendered an administrative decision that the proposed change to the
above-referenced business would be prohibited by city regulations Code sections cited
in this determination included the Land Development Regulations, Chapter 2, Sections
"0" and "G" (See Exhibit "A" - Administrative Determination)
In accordance with the Land Development Regulations, Section 11 L,(3)(a)(2), the
subject gas station is a legal non-conforming use (see Exhibit "B"- Code Excerpt-Sale of
Gasoline). Item "a" (2) of Paragraph #3 limits establishments that sell gasoline as
follows
"(2) Gasoline dispensing establishment shall only be located at any
intersection consisting of roads of four (4) lanes or wider"
The Gateway Texaco Gas Station is located at the unaligned intersection of Gateway
Boulevard/Las Palmas and North Federal Highway, which is an intersection with a local
street containing only two (2) lanes The subject use is therefore a nonconforming gas
station by virtue of Its existing location
Improvements allowed to non-conforming uses are limited to ordinary repairs,
maintenance, and improvements, pursuant to the Land Development Regulations,
Chapter 2, Section 11.1, paragraph "0"(1) and (2) An excerpt of these paragraphs read
as follows.
Paragraph (1) "No nonconforming use may be extended to occupy any
land outside the building or other structure, nor any additional building or structure on
the same plat, which was not used for such nonconforming use at the effective date of
the adoption or amendment of these regulations"
Paragraph (2) "No structure used for a nonconforming use shall be
enlarged, extended, reconstructed or structurally altered, unless the use is changed to
one which complies with the provisions of this chapter [ordinance]. II
Furthermore, paragraph "G" of this same section limits changes in nonconforming uses
to uses which would be conforming in the district in which the subject land or building IS
located (see Exhibit "C" - Code Excerpt- Nonconforming Uses)
On July 31, 2002, Mr Kruger, agent for the property owner, addressed a letter
requesting a formal appeal be processed to the subject administrative determination
(see Exhibit "0" - Request for Appeal). In summary, the appeal justifies the proposed
expansion by the position that retail sales at this business is a separate component
from the non-conforming aspect-gasoline sales, which component can therefore be
altered/expanded independent of the gasoline sales element of the business The
applicant supports this position that retail sales is distinguishable from gas sales by the
absence of other nearby convenience stores, and therefore the high demand for
convenience item sales at this location. The applicant states that
"The locatIon of this convenience store makes it very convenient for these people to
shop at this store who do not need gasoline Many people just shop in this store to
purchase milk, cigarettes, soda, and other products where if this convenience store
were not here, they would have to drive up to Hypoluxo Road to the Winn Oixie. "
Procedure
Appeals to administrative determinations are processed in accordance with the
procedures outlined in Chapter 1.5, Article I, Sec 4 1, "E" of the Land Development
Regulations (see Exhibit "E") Under these procedures the Planning and Development
Board hears the appeal and renders a decision that must be ratified by the City
Commission.
ANAL YSIS/CONCLUSIONS
The analysis conducted in response to the subject appeal concentrated on the following
two facts
1) The subject determination by the Director represents the consistent Interpretation
and application of the Land Development Regulations which clearly prohibit the
proposed improvement;
2) The lack of proof that the proposed expansion is necessary for the continued
operation of the principal use
With respect to item #1 above, the subject administrative determination represents the
consistent application of the non-conforming regulations Planning and Zoning staff has
applied this same interpretation of the non-conforming regulations on previous
occasions when confronted with requests for similar expansions to non-conforming gas
stations There has been a trend over the past few years to expand the retail
components of gas stations, including the replacement of an auto-repair function with
the increase in retail sales space. While the increase in retail space done in
conjunction with the elimination of automobile repair services has been construed as
allowed by city regulations, this interpretation was generated based on the facts that a
nonconforming element of the use was being eliminated, and there was no physical
expansion of the principal structure from which the business operated (nor a movement
of any aspect of the non-conforming use into a portion of the building not originally
occupied by any aspect of the non-conforming use)
A reverse in this determination would affect more than just the subject gas station
Rather, other owners of non-conforming uses (not limited to just owners of gas stations)
would be motivated to consider, or reconsider possible expansions to their respective
businesses arguing and justifying their position that the proposed improvements do not
expand the nonconforming aspect of the business It should be noted that other
nonconforming uses that could be subject of potential similar requests could include
adult entertainment establishments.
With respect to item #2 above, additional research by staff has concluded that the
courts have supported the expansion of nonconforming uses to accommodate
accessory uses. However, this support appears to be conditioned upon the accessory
use being necessary for normal operation of the principal use, and otherwise a hardship
on the owner without said accessory use This same document, Zoning and Land Use
Controls (Mathew Bender & Co, Rei 32-2/91, Pub 845), cites as an example of a
permissible accessory use the sale of alcohol at a restaurant, and a non-permissible
use a car wash at a gasoline station Even If this more liberal conclusion from court
precedents were stretched to apply to this case, which may potentially support the
accessory use of retail sales to the gasoline service station, the owner would still be
required to prove that the subject expansion is necessary for the normal operation of
the principal use-the sale of gasoline It should noted that retail sales were increased
previously at this business, timed with the elimination of the automobile service function
of the business. At that time, the space allocated to convenience sales increased
significantly If in fact the retail sales component were to be construed as a separate
element and business activity from the gas station, rather than an accessory activity,
than the code further supports the denial of this expansion of a business which may
directly or indirectly enhance (Le support beyond what was originally approved at this
location), the non-conforming gas station.
RECOMMENDATION
Staff recommends that the request for appeal be denied, thereby affirming the original
determination by staff that the subject expansion of the Gateway Texaco Gas Station
would be an unlawful expansion of a legal, nonconforming use This recommendation
is based on the following conclusions.
1) The subject determination by the Director represents the consistent interpretation
and application of the Land Development Regulations,
2) The sale of gasoline is the principal use of the subject business which is located
on one parcel within a single structure, and therefore cannot be viewed separate
from accessory components such as retail sales, and
3) The applicant has not proven that the further expansion of the building and retail
sales aspect of the business is mandatory for the continued normal operation of
the principal use, and that if denied a hardship would be imposed
In conclusion, staff reiterates the intent of the non-conforming regulations to encourage
the eventual relocation or elimination of such businesses Therefore, staff recommends
that if the City Commission supports the continued operation and expansion of the
subject station, this situation should more appropriately be addressed through a code
review process. Of course this alternative is communicated with caution and
reluctance, due to the risk of code modifications potentially accommodating new and
existing non-conforming gas station uses where inconsistent with redevelopment efforts
or city vision.
Attachments
MR
S'\Planning\SHAREDlWP\PROJECTS\Gateway Texaco\Staff report ADAP 02-001.doc
DEPARTMENT OF DEVELOPMENT EXHIBIT A
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
July 16, 2002
Mr. Benl Kruger
Plannmg & Zonmg Consultant
9 Northeast 16th Street
Delray Beach, FL 33444
Subject:
1) ExpansIOn of Texaco Gas StatIOn at 2360 N Federal HIghway
2) Dnveway ConnectIOn from Texaco StatIOn and Approved Car Wash Project
Dear Mr Kruger:
The intent of tills letter IS to clanfy mformatIOn provIded to you m a previous letter dated June 14,
2002. Please be mformed of the conclusIOn reached that pursuant to the Land Development
Regulations, Chapter 2, SectIons "D" and "G", the above-referenced changes are prohibIted due to the
theIr mvolvement wIth a non-conformmg use. However, with respect to Item #2, the phYSIcal
connectIOn could only occur through a recorded access easement that would connect the car wash
parcel to the northernmost gas statIOn dnveway at Federal HIghway Of course tills IS contmgent upon
all modIficatIOns to the Texaco site being code-complIant. These changes should be processed as a
mmor modIficatIOn request to the eXIstmg SIte plan willch is described by the attached fact sheet.
Please be sure to include all sIte/tabular data on the revised plans including the tabulation of reqUIred
and provided parkmg, and aisle and parkIng space dimensIOns.
Please be mformed that you may not proceed wIth item #1 due to It mvolvmg the physical expanSIOn
of a non-conformmg use; however, thIS clanfymg letter should be construed as the final adrmrustratlve
decIsIOn to WhICh you would file an appeal m accordance wIth the Land Development Regulations,
Chapter 1, ArtIcle VII, SectIOn 1. If you stIll deSIre to appeal, please proVIde this office WIth a revIsed
applIcatIOn (letter) for appeal which we WIll apply to the same fee, and applIcation file that has been
recently created. If based upon this letter you no longer prefer to file an appeal, please mform me of
same m wntmg so that your applIcatIOn can be closed. Please be remmded of the filmg reqUIrements
to appeal and contact me should you have any questIOns
Smcerely,
7J;~
MIchael W. Rumpf
DIrector ofPlannmg and ZOnIng
MWR:jdc
Cc- Kurt Bressner
Attachment
S:'Planning\SHARED\WP'CORRESP'Corresp A thru L Kruger. Benl Re Texaco Slation Expansion.doc
City of Boynton Beach · 100 East Boynton Beach Blvd., PO. Box 310 . Boynton Beach, Florida 33425-0310
Phone (5611742~35D . wwwci.bovnton-beach.or
Reference
P.lgelof...J.
l .HIBIT B
L. COMMERCIAL ESTABLISHMENTS ENGAGED IN THE RETAIL SALE OF G \SOLl.".E
OR GASOLINE PRODUCTS
1 Purpose The purpose of these regulatIOns lS to establIsh development standards for
commercIal establIshments whIch engage m the sale of gasoline, or other motor fuels These
regulatIOns are mtended to cover busmesses of any type, mcludmg convemence stores and
automotIve servIce statIOns. The development standards establIshed by thIS sectIOn would overlay
the development cntena stated m the zonmg dlstnct m whIch these uses are allowed. Busmesses,
whIch engage m the sale of gasoline or other motor fuels, shall reqmre condItIonal use approval
2 DefimtIOns For the purpose of thIS ordmance, the followmg defimtIOns shall apply
Anczllary buzldzng or structure A bmldmg or structure mCIdental to, subordmate to and
subservIent to the pnncipal bmldmg or structure located on the premIses
Anczllwy use A use mCIdental to, subordmate to and subservIent to the prmcIpal use of the
premIses
Automotzve service statzon. The use of a bmldmg or other structure, on a lot or parcel of
land whIch mc1udes any retaIl sale of gasoline or other motor fuels
Convenience store. Any place of busmess that IS engaged m the retail sale of grocenes,
mc1udmg the sale of prepared foods, and gasoline and servIces The term "convemence store" does
not mc1ude a store whIch IS solely or pnmanly a restaurant.
Gasoline dzspenszng establishments Any commercIal enterpnse, mc1udmg automotIve
servIce statIOns and convemence stores, WhICh engage m the sale of gasoline or other motor fuels to
the publIc
Grade separated intersections Use of the term grade separated mtersectIOns shall mean
any mtersectIon wherem one road passes over another road by means of a bndge or an overpass.
3 Development standards whIch apply to all gasoline dIspensmg establIshments except
those descnbed under SubsectIOn 4 of this sectIOn below'
a. LocatIOn.
(1) All gasoline dIspensmg establIshments not determmed to be anCIllary uses as
described m SubsectIon 4 below, shall be located only at the mtersectIOn of any combmatIOn of the
followmg roads as deSIgnated m the Boynton Beach ComprehensIve Plan
County artenal,
State artenal,
Local collector, or
County collector
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(2) Gasoline dIspensmg estabhslm1ent shall only be located at any llltersectlOlls
consIstmg of roads of four (4) lanes or wIder
(3) The maXImum number of gasoline dlspensmg estabhshments located at any
llltersectIOn shall be two (2) Gasoline dIspenslllg establIshments shall only be located at dIagonal
comers of permIssible mtersectlOns
b MImmum plot SIze. thIrty thousand (30,000) square feet.
c MmImum street frontage one hundred seventy-five (175) feet on each frontage
measured from the mtersectmg nght-of-way lmes of the publIc streets
d. Dnveways
(1) No dnveway shall be located less than one hundred ten (110) feet from the
llltersectmg nght-of-way lmes of publIc streets
(2) Dnveways shall be a mmImum oftlurty (30) feet and a maXImum of forty-five (45)
feet m WIdth.
(3) Dnveways shall not be located less than thIrty (30) feet from any llltenor property
lllle
(4) Dnveways WIll be lImIted to one (1) per street frontage
e Setbacks Setback reqUIrements shall apply to all structures on the property mcludmg
the pnmary structure, or any accessory structures such as car washes or above-ground storage
faCIlItIes.
(1) Front -- 35 feet.
(2) SIde -- 20 feet.
(3) Rear -- 20 feet.
(4) Other
(a) No canopy shall be located less than twenty (20) feet from any property lme
(b) No gasoline pump Island shall be located less than thIrty (30) feet from any
property lme
(c) The entrance to a bUIldmg wherem motor vehIcles are washed by mechamcal
means shall be located a mmImum dIstance of seventy-five (75) feet from the street lmes to prOVIde
an off-street area of waltmg vehIcles Car washes shall be a permItted accessory use at gasoline
dIspensmg establIshments. Car washes shall
1 be fully automatIc,
2 recycle all water used m the car washmg process
f. Buffers
(1) A ten-foot WIde landscape buffer shall be located along the street frontage ThIS
buffer shall contam one (1) tree ten (10) to fifteen (15) feet m heIght WIth a mmImum three-mch
calIper every forty (40) feet, a contmuous hedge twenty-four (24) mches hIgh, twenty-four (24) mches
on center at tIme of plantmg WIth flowenng groundcover
(2) Intenor property lmes.
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(a) A ten-foot wIde landscaped buffer shall be located on all mtenor property lllles
When the buffer separates the property from a residentIally zoned property, the buffer shall contalll a
sIx-foot concrete wall landscaped on the extenor SIde by a contmuous hedge no less than thIrtY-SIX
(36) mches hIgh and planted twenty-four (24) mches on center at tIme of plantmg; trees ten (10) to
fifteen (15) feet m heIght WIth three-mch calIper every forty (40) feet; and groundcover When the
buffer separates the property from other commercIal property, the buffer shall not be reqUIred to
contam a concrete wall. Landscapmg shall be contmuously mallltamed.
1 The wall shall be kept m good repair and appearance at all tImes.
2 Openmgs WIth gates may be allowed where deemed appropnate by the CIty
CommISSIOn.
g. DeSIgn cntena.
(1) All gasoline dIspensmg establIshments located on deSIgnated out-parcels to
shoppmg centers, busmess centers, or other planned commercIal developments shall conform III
deSIgn to the approved deSign plan of the pnncIpal center
(2) Gasoline dIspensmg establIshments shall conform to the commumty deSIgn plan.
(3) All gasoline dIspensmg establIshments shall not mstall extenor SIte lIghtmg whIch
exceeds photometnc levels of 60-foot candles average mamtamed. LIght fixtures must be baffled,
shIelded, screened or recessed to prevent VIsibIlIty of the lIt portIOn of the fixture from off the
premIses.
h. CondItIonal use Gasoline dIspensmg establIshments are hereby deSIgnated as a
condItIOnal use as that term IS defined m SectIOn 11.2
1 DIstance separation reqUIrements. No gasoline dIspensmg establIshment shall be
located wIthm two hundred (200) lmeal feet from a reSIdentIal structure DIstances for the purpose of
thIS subsectIOn shall be measured from the boundary lme of the parcel on whIch the gasoline
dIspensmg establIshment IS located to the closest boundary wall of the reSIdentIal structure
(4) As to all gasoline dIspensmg establIshments that are an ancIllary use located or
operated m or from an anCIllary bUIldmg or structure wIthm a parcel ofland of not less than ten (10)
acres wIthm a "Planned CommercIal DIstnct" (PCD) governed by SectIOn 6.F of the City of Boynton
Beach Zonmg Code, and whIch gasoline dIspensmg establIshment IS operated by the person(s) or
entIty(s) that operates the pnncIpal use located on such parcel of land, and do not meet all of the
reqUIrements set forth under SubsectIOn 3 , above, the followmg shall be applIcable
a. Setbacks. Setback reqUIrements shall apply to all structures on the portIOn of the
property on whIch the gasoline dIspensmg establIshment IS located, mcludmg the pnmary structure
for the gasoline dIspensmg establIshment, or any accessory structures such as above ground storage
faCIlItIes
(1) Front - 35 feet.
(2) SIde - 20 feet.
(3) Rear - 20 feet.
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( 4) Other'
(a) No canopy shall be located less then twenty (20) feet from any property lme
(b) No gasoline pump Island shall be located less than thIrty (30) feet from any
property lme
(c) No gasoline pump Island or canopy shall be located less than two hundred (200)
feet from any publIc nght-of-way.
(d) No gasoline dIspensmg estabhshment shall be located wIthm two hundred
(200) feet from a resIdentIal structure DIstances for the purpose of thIS subsectIOn shall be measured
from the closest gasoline pump Island or canopy of the gasoline dIspensmg estabhshment to the
closest boundary wall of the reSIdentIal structure.
b Buffers Except for permItted dnveway opel1lngs, a five (5) foot WIde landscaped
buffer shall be located around that portIOn of the parcel of WhICh the gasoline dIspensmg
establIshment IS located. When the buffer separates the portIOn of the property on whIch the
gasoline-dIspensmg estabhshment IS located from a reSIdentIally zoned property, the buffer shall
contam a SIX (6) foot hIgh concrete wall landscaped on the extenor SIde by a contmuous hedge no less
than thIrtY-SIX (36) mches hIgh and planted twenty- four (24) mches on center at the tIme of plantmg;
trees ten (10) to fifteen (15) feet m heIght WIth three-mch calIper every forty (40) feet; and
groundcover. When the buffer separates the portIOn of the property on whIch the gasoline dIspensmg
estabhshment IS located from other commerCIal property, the buffer shall not be reqUIred to contam a
concrete wall. Landscapmg shall be contmuously mamtamed.
(1) The wall shall be kept m good repmr and appearance at all tImes.
(2) Openmgs WIth gates may be allowed where deemed appropnate by the CIty
CommIssIOn.
c. DeSIgn cntena.
(1) All gasoline dIspensmg establIshments under thIS SectIOn 4 shall conform to the
commul1lty deSIgn plan.
(2) No gasoline dIspensmg establIshments under thIS SectIOn 4 shall be permItted to
advertIse product pncmg on the SIte SIgn IdentIfymg the pnmary tenant or occupant.
(3) All gasoline dIspensmg establIshments under thIS SectIOn 4 shall not mstall
extenor SIte lIghtmg whIch exceeds photometnc levels of 60-foot candles average mamtamed. LIght
fixtures must be baffled, shIelded, screened, or recessed to prevent VIsibIlIty of the lIt portIOn of the
fixture from off the premIses.
d. CondItIonal use Gasoline dIspensmg establIshments defined as ancIllary to a pnncIpal
tenant of a planned commerCIal dIStriCt are hereby deSIgnated as a condItIonal use as that term IS
defined m SectIOn 11.2.
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D
NONCONFORMING USES OF STRUCTURES
EXHIBIT C
*"
1 The nonconformmg use of a bmldmg or other structure may be extended throughout any
part of the bmldmg or structure whIch was clearly deSIgned and mtended for such use at the date ot
the effectIve adoptIOn or amendment of these regulatIons Any nonconformmg use whIch occupIes a
portIOn of a bmldmg or other structure not ongmally deSIgned or mtended for such use shall not be
extended to any other part of the bmldmg or structure No nonconformmg use may be extended to
occupy any land outsIde the bmldmg or structure, nor any addItIOnal bmldmg or structure on the same
plat, WhICh was not used for such nonconformmg use at the effectIve date of the adoptIOn or
amendment of these regulatIOns
2 No structure used for a nonconformmg use shall be enlarged, extended, reconstructed or
structurally altered, unless the use IS changed to one whIch complIes WIth the prOVISIOns of thIS
chapter [ordmance] However, ordmary repaIrs, mamtenance and Improvements, such as plumbmg
or wmng, replacement of nonbeanng walls, fixtures or other mtenor alteratIOns, shall be permItted
each year m an amount not to exceed twenty-five (25) percent of the assessed value of the bmldmg or
structure for that year as determmed by the Palm Beach County Property Appraiser, subject to the
prOVISIOns of the precedmg paragraph and prOVIded such work does not mcrease the CUbIC volume of
the structure, the floor area devoted to the nonconformmg use or the number of dwellmg umts
Nothmg m these regulatIOns shall prevent complIance WIth applIcable laws or ordmances relatIve to
the safety and samtatIOn of a bmldmg occupIed by nonconformmg use.
E NONCONFORMING STRUCTURES The lawful eXIstence of a structure or bmldmg at the
effectIve date of the adoptIOn or amendment to these regulatIOns, although such structure or bmldmg
does not conform to the bmldmg and SIte regulatIOns of these regulatIOns for mmImum lot area and
dImenSIOns, mmImum yard setback reqmrements, maXImum bmldmg heIght, total floor area
reqmrements, or other charactenstics of the structure, or ItS locatIOn on the lot, may be contmued so
long as It remams otherwise lawful. A nonconformmg structure or bmldmg (as opposed to a structure
or bmldmg used for a nonconformmg use) may be mamtamed and repaIred, but It shall not be added
to or altered m a fashIOn so as to mcrease the extent to WhICh the structure or bmldmg IS m VIOlatIOn
of applIcable regulatIOns. A nonconformmg structure or bmldmg may be added or altered If such
alteratIOn or addItIon does not m Itself constItute a further VIOlatIOn of eXIstmg regulatIOns.
F RECONSTRUCTION OR REMOV AL If any structure IS destroyed to such an extent that
the cost of rebmldmg, repair and reconstructIOn WIll exceed seventy (70) percent of ItS current
assessed valuatIOn as determmed by the Palm Beach County Property AppraIser, or for any reason
IS moved any dIstance, It shall not agam be used or reconstructed except m conformIty WIth the
prOVlSlons of these Land Development RegulatIOns
G CONTINUANCE, DISCONTINUANCE OR CHANGE OF NONCONFORMING USE
1 A nonconformmg use of land or structure shall not be changed to any other use except one
whIch would be permItted as a conformmg use m the dIstnct m whIch the land or bmldmg IS located.
However, no change shall be reqmred m the plans, constructIOn, or deSIgned use of any structure for
whIch a bmldmg permIt was lawfully Issued pursuant to Chapter 20 of the Land Development
RegulatIOns, and upon which constructIOn has actually begun pnor to the effectIve date of the
adoptIOn or amendment of these regulatIons.
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2 Any part of a structure or land occupIed by a nonconformmg use whIch IS changed to or
occupIed by a conformmg use shall not thereafter be used or occupIed by a nonconformmg use
3 If for any reason a nonconformmg use of land, structure or any part thereof ceases or IS
dIscontmued for a penod of more than SIX (6) conseCutive months, except when government actIOn
Impedes access thereto, the land shall not thereafter be used for a nonconformmg use
http.//www amlega1.comlboynton _ beach_ fl/lpex ./262d'7fn=document- frame htm&f=template 9/3/2002
I!,~ ;wi. kr..tler plan-. ling and zoning consultati'tS
EXHIBIT 0
July 31, 2002
1.... .-
- ,- - J
Mr Michael W Rumpf, Director
Planning and Zoning Department
City of Boynton Beach
100 East Boynton Beach Blvd
POBox 310
Boynton Beach, FL 33425-0310
RE Expansion of Texaco Gas Station at 2360 N Federal Highway
Dear Mr Rumpf
Please let this letter serve as a request to appeal your deCISions to the City
Commission regarding an addition at Gateway Texaco, 2360 N. Federal Highway
A Expansion of the Texaco Convenience Store (with Fuel Pumps) for dry storage,
The expansion of the convenience store (by an addition to rear of 600 sq ft)
for dry storaqe only does not increase the non-conformity of the eXisting
facility and or its current use. The sale of gasoline (non-conforming use
according to the Boynton Beach Zoning Code) at this location will not be
increased. Many people shop at this convenience store that do not purchase
gasoline We are ready to show the difference In sales between the
customers just purchasing gas, just purchasing groceries and purchasing gas
and groceries
The closest grocery store to t[lIS location IS the Winn Dixie at Hypoluxo Road and
U S Highway 1, which IS over a mile away This convenience store IS located
within a short distance to numerous residential subdivIsions along the east and west
side of N Federal Highway between the C-15 Canal and Hypoluxo Road The
location of this convenience store makes It very convenient for these people to shop
at this store who do not need gasoline. Many people just shop in this store to
purchase milk, cigarettes, soda, and other products where If this convenience store
were not here, they would have to drive up to Hypoluxo Road to the Winn DIxie,
uSing unnecessary gas, putting additional traffic on the roads, and polluting the air
needlessly Many people living in this area come to the convenience store by bicycle
It would be dOing a disserVice not to allow the addition on the rear of this building for
dry storage only
Building an addition on the rear of the convenience store Just for dry storage IS not
only a necessity for Mr. Marouf, but It may possibly cause him to go out of bUSiness
If It IS not allowed. Mr. Marouf had purchased a trailer, which IS parked adjacent to
9 northeast 16th street * delray beach, florida 33444
(561} 265-4983 * fax (561) 265-4611 * e-mail: bkruger@bellsouth.net
rezoning
concurrency
conditional
use,
special
exceptions,
DRC approval
site plans
annexations
comp plan
amendments,
variances
(county, state,
municipal)
abandonments
palm beach
broward
dade &
all counties
& cities
in florida
Mr Michael W Rumpf, Director
page 2
July 31, 2002
the parking area south of the bUilding The only purpose for this trailer IS to store
sodas (An eXisting Code Enforcement Violation descnbed below) There IS not
enough room In the building to store the soda and that is the reason the addition IS
being requested Without this additional square footage to store soda, a large part
of the business will be lost Gas sales may not be discontinued but the convenience
store may be forced to cease operation
Along with the additIOn for storage on the rear of the convenience store, Mr Marouf
will be renovating the extenor of the building to better fit In with the character of the
residential neighborhoods surrounding this property Our Architect IS currently
working on the elevations for the building
VIOLATION:
Mr. Marouf currently has a violation before the Code Enforcement Board, Case# 1-
1450, Notice Date. June 18, 2001, with a running fine. The violatIOn IS for PT-
LOR CH2 SEC 6 C 6 C-3 / EXTERIOR DISPLAY / STORAGE; "STORAGE OF
MERCHANDISE IN THE TRAILER IS NOT PERMITTED" "TRAILER MUST BE
REMOVED" The trailer IS being used to store soda. It IS not plugged In to
electnclty nor does It have an operating refngeration unit
The enclosed site plan illustrates where the addition will be located and how the
additional parking spaces will be laid out Therefore, the Texaco Convenience Store
will not lose parking spaces but gain spaces with the addition for dry storage on the
rear of the building
The only other alternative to allow the expansion of the convenience store for dry
storage and change the convenience store with gas sales to conforming would be to
change the Zoning Code to allow gasoline sales on Intersections with other than Just
four (4) lanes In both directions. We do not want to do thiS because of the
ramifications to the entire city by allowing of all of the other gasoline selling
establishments to become conforming.
By allowing the convenience store to expand for dry storage only will not Increase
gas sales and therefore will not increase the non conformity of this use.
~nCereIY~
;-:~~
/ /
Beril K\.rl.!ger
L/"
/
SENT BY FACSIMILE AND U.S. MAIL
Reference
Page 1 of 4
Boynton Beach, FL Code of Ordinances
PART III LAND DEVELOPMENT REGULATIONS*
CHAPTER 1.5 PLANNING AND DEVELOPMENT GENERALLY
EXHIBIT E
Sec. 2.1 Quasi-Judicial Authority, functions, powers and duties.
A. The CRA board shall have the authonty and duty to hear and deCIde, III a quasI-JudIcIal
capacIty, admmIstratIve appeals, specIal exceptIOns and variances
B AdmmIstratIve appeals. The board has the authonty to hear and deCIde appeals when It IS
alleged that there IS error m any order, requIrement, deCISIOn or detem1matIOn made by an
admInIstratIve offiCIal m the enforcement of any ZOnIng ordmance or regulatIOn adopted pursuant to
the sectIOn.
C SpecIal exceptIOns. The board has the authonty and duty to hear and deCIde requests for
specIal exceptIOns. To deCIde such questIOns as are mvolved m the determmatIOn of when such
specIal exceptIOns should be granted. To grant speCial exceptIOns WIth appropnate condItIOns and
safeguards or to deny such specIal exceptIOns when not m harmony WIth the purpose and mtent of
thIS sectIOn. The followmg standards apply to the board power to grant specIal exceptIOns.
1 The board shall find that m grantmg the specIal exceptIOn, the publIc mterest WIll not be
adversely affected.
2 The board may prescribe appropnate condItIOns and safeguards m conformIty WIth thIS
chapter VIOlatIOn of such condItIons and safeguards, when made part of the terms under whIch the
speCial exceptIOn IS granted, shall constItute grounds for the revocatIOn of the specIal exceptIOn and
the certIficate of occupancy or occupatIOnal lIcense assOCIated therewIth.
3 The board may prescribe a reasonable tIme lImIt wIthm WhIch the actIOn for WhICh the
speCial exceptIOn IS reqUIred shall begm or be completed, or both.
D Variances The board has the authonty and duty to authonze upon appeal such variance
from the teams 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
1 In order to authonze any variance from the terms of an ordmance, the board must find.
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 bmldmgs m
the same ZOnIng dIstnct.
b That speCIal condItIons and CIrcumstances do not result from the actIOns of the
applIcant for the variance
c. That grantmg the variance 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 zonmg
dIstriCt.
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Reference
Page 2 of 4
d. That lIteral mterpretatlOns 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 variance granted IS the mmImum \ ariance that WIll make possible reasonable
use of the land, structure or bUIldmg.
f. That the grant of the variance wIll be m harmony WIth the general mtent and purpose
of thIS chapter and that such variance WIll not be mJunous to the area mvolved or be otherwIse
detnmental to the publIc welfare.
g. For variances to mInImUm lot area or lot frontage reqUIrements, that property IS not
aVailable from adjacent propertIes m order to meet these reqUIrements, or that the acqUIsItIOn of such
property would cause the adjacent property or structures to become nonconformmg. The applIcant for
such variances shall proVIde an affidaVIt with the applIcatIOn for variance statmg that the above
mentIOned condItIOns eXIst WIth respect to the acqUIsItIOn of addItIonal property
2. In grantmg a variance.
a. The board may prescribe appropnate condItIons and safeguards m conformIty WIth thIS
sectIOn. ViolatIOns of such condItIOns and safeguards, when made a part of the terms under WhICh the
variance IS granted, shall be deemed a violatIOn of thIS sectIOn.
b The board may prescribe a reasonable tIme lImIt wIthm whIch the actIOn for whIch the
variance IS reqUIred shall begm, be completed, or both.
c Where variances of lot area and maXImum denSItIes are requested, and such variance,
If granted, would cause the denSIty to exceed the denSIty shown on the future land use map of the
CIty'S comprehenSIve plan, the denSIty created shall be construed to be m conformance WIth the
comprehenSIve plan If the board finds that the \ ariance meets the condItIOns set forth m thIS sectIOn
for grantmg the same, and the variance would only allow for the constructIOn of a smgle-famIly
detached dwellmg.
~tE
Procedures for variances, specIal exceptIOns and appeals of admInIstratIve actIOns
1 ExceptIOns Under no CIrcumstances except as permItted above shall the board grant a
variance to permIt a use not generally or by speCIal exceptIon permItted m the ZOnIng dIstnct
mvolved or any use expressly or by ImplIcatIOn prohibIted m the applIcable ZOnIng dIstnct. No
nonconformmg use of neIghbonng lands, structures or bUIldmgs m other ZOnIng dIstncts shall be
consIdered grounds for the authonzatIOn of a variance.
2 ReVIew of admmIstratIve orders In exerclSlng ItS powers, the board may, upon appeal
and m conformIty WIth the prOVISIOns of thIS sectIOn, reverse or affirm, wholly or partly, or may
modIfy the order, reqUIrement, deCISIOn or determmatIOn made by an admmIstratIve offiCIal m the
enforcement of any zOillng ordmance or regulatIOn adopted pursuant to thIS sectIOn and may make
any necessary order, requirement, deCIsion or determmatIOn, and to that end shall have the powers of
the officer from whom the appeal IS taken. A maJonty vote shall be necessary to reverse an order,
requIrement, deCISIOn or determmatIOn of any such admmIstratIve offiCIal or to deCIde m favor of the
applIcant on any matter upon whIch the board IS reqUIred to pass under thIS sectIon.
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3 Appeals from deCISIOn of admmIstratIve officIal. Appeals to the board may be taken by
any person aggneved or affected by any decIsIOn of an admmIstratIve officIal mterpretmg any zomng
ordmance Such appeal shall be taken wIthm thIrty (30) days after rendItIon of the order, reqUIrement,
deCISIOn, or determmatIOn appealed from by filmg WIth the officer from whom the appeal IS taken
and WIth the board, a notIce of appeal specIfymg the grounds thereof
4 Stay of work and proceedmg on appeals An appeal to the board stays all work on the
premIses and all proceedmgs m furtherance of the actIOn appealed from, unless the offiCIal from
whom the appeal IS taken shall certIfy to the board that, by reason of facts stated m the certIficate, a
stay would cause Immment penl of lIfe or property. In such case, proceedmgs or work shall not be
stayed except by a restrammg order whIch may be granted by the board, or by a court of record on the
applIcatIOn, on notIce to the officer from whom the appeal IS taken and on due cause shown.
5 Heanng of appeals. The board shall fix a reasonable tIme for the heanng of the appeal,
gIve the publIc notIce thereof, as well as due notIce to the partIes m mterest, and deCIde the same
wIthm a reasonable tIme. Upon the heanng, any person may appear m person, by agent or attorney
ApplIcants shall be reqUIred to file a proper form (supplIed by staff), a current certIfied survey
accompamed by a fee as adopted by resolution of the City CommIssIOn. For procedural purposes, an
applIcatIOn for a specIal exceptIon shall be handled by the board as for appeals
6. ReVIew of declSlons of the Board. Any person may appeal variance, specIal exceptIOn, or
appeal of admImstratIve order to the CIty CommIssIOn of the CIty of Boynton Beach withm twenty
(20) days after rendItIon of the declSlon by the CRA board. The deCISIOn of the CIty CommIssIOn
shall be deemed final subject only to reVIew by wnt of certIOran to the Palm Beach County CIrCUIt
Court.
7 WIthdrawal or denial of applIcatIon.
a. Upon the demal of an applIcatIOn for relIef hereunder, m whole or m part, a penod of
one (1) year must elapse pnor to the filmg of a subsequent applIcatIOn affectmg the same property or
any portIOn thereof.
b Upon the WIthdrawal of an applIcatIOn, m whole or m part, a penod of SIX (6) months
must run prior to the filmg of a subsequent applIcatIOn affectmg the same property or any portIOn
thereof, unless the declSlon of the board IS WIthout prejUdICe; and prOVIded that the penod of
lImitatIOn shall be mcreased to a two (2) year Waiting penod m the event such an applIcatIOn, m
whole or m part, has been twIce or more demed or WIthdrawn.
c An applIcatIOn may be WIthdrawn WIthout prejUdICe by the applIcant as a matter of
nght; prOVIded the request for WIthdrawal IS in wnting and executed m a manner and on a form
prescribed by the board and filed WIth the board at least one (1) week pnor to any scheduled heanng
scheduled before the board concernmg the applIcatIOn; otherwIse, all such requests for WIthdrawal
shall be WIth prejUdICe No applIcatIOn may be WIthdrawn after actIon has been taken by the board.
When an applIcatIOn IS WIthdrawn WIthout prejUdICe, the tIme lImItatIOns for re-applIcatlOn prOVIded
herem shall not apply.
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F AdvertIsmg reqUIrements ReqUIred advertIsements for the applIcant's request must appear
III newspaper of general cIrculatIOn m the CIty of Boynton Beach, at least fifteen (15) days pnor to
the scheduled CRA board meetmg. All reqUIred notIces to surroundmg property owners must be
postmarked no later than fifteen (15) days pnor to that scheduled publIc heanng.
(Ord. No 00-70, S 2, 12-19-00)
.I 48e3? f=temp lates&fn=document - frame .htm&q= Procedures%20for%2 Ovanances&x=S Imp Ie 9/3/2002
DEVELOPM"",T ORDER OF THE CITY COMMlf~'aN OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME. GATEWAY TEXACO (ADAP 02-001)
APPLleANT'S AGENT: Beril Kruger
APPLICANT'S ADDRESS' 9 NE 16th Street., Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY eOMMISSION' September 17, 2002
TYPE OF RELIEF SOUGHT Administrative Appeal
LoeA TION OF PROPERTY 2360 North Federal Highway
DRAWING(S) SEE EXHIBIT "A", "B", "C", "0", "E" ATTACHED HERETO
X THIS MATTER came before the City Commission of the eity of Boynton Beach, Florida
appearing on the eonsent 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
THIS MATTER came on to be heard before the City eommission 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 eity's Land Development Regulations
2. The Applicant
HAS
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 "e" with notation "Included"
4 The Applicant's application for relief is hereby
_ 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.
eity Clerk
J.\SHRDA T A\Planning\SHARED\WP\FORMS\Blanks forms folder\Develop Order Form-2001-
Revised doc
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one COpy of aqenda reauest (with back up) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department,
Requested City Deadline for Submittal to City P & D/CRA Requests Deadline
Commission Meeting Clerk's Office
Dates
DAu ust 20, 2002
DSe tember 3, 2002
DSe tember 17, 2002
DOctober 1 2002
[gIOctober 15, 2002
DNovember 6, 2002 October 14
*Due to holiday on September 2nd
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head D
Wilfred Hawkins for de artments under Administrative Services D
Finance De artment for items that involve ex enditure of funds D
All back u material is attached [gI
All exhibits are attached & marked e. " Exhibit "A' [gI
J?-
Department Head's initials: ~
Gateway Texaco (ADAP 02-001)
Please do not write in the shaded area below.
Legal Department signature D
City Manager's signature
D
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing D
Incomplete submittal D
Missed deadline D
Other D
Reason:
Person contacted to pick up rejected request
by
(Date)
on
bg - 7/19/02
S.\Planning\Planning Templates\AGENDA ITEM COVER SHEET CHECKUST.doc