REVIEW COMMENTS
DEV t<:LOPMENT SERVICES DEP ARTMt<:NT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 02-113
STAFF REPORT FOR
COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION
June 5 2002
Meeting
Date:
June 1 1,2002
File No:
ZNCV 02-010 - Awnings.
Location:
South side of Woolbright Road, just east of the Riverwalk Plaza and west of the
Intracoastal Waterway
Agent/
Owner-
Joe Peterson of Slattery & Associates/Restaurant Holdings, Inc.
Project:
Woolbright Grill
Variance
Request:
Request relief from the City of Boynton Beach Land Development Regulations
Chapter 2- Zoning, Section 4 J 8
1 to allow a cantilevered awning on a building wall projecting ten (10) feet
in the required twenty (20)-foot rear setback in lieu of the 2.5 feet
permitted by code, allowing an additional overhang of 7.5 feet for a
restaurant in a C -3 zoning district; and
2. to allow a cantilevered awning on a building wall projecting eight (8) feet
in the required thirty (30)-foot side setback in lieu of the 2.5 feet permitted
by code, allowing an additional overhang of 5.5 feet for a restaurant in a
C-3 zoning district.
BACKGROUND
The site is located on the south side of Woolbright Road between the Riverwalk Plaza and the
Intracoastal Waterway The subject property, totaling 069 acres, is currently zoned C-3,
Community Commercial district with a Local Retail Commercial land use designation (see
Exhibit "A" - Location Map). The property is also subject of an application for new site plan.
Restaurant Holdings, Incorporated proposes to construct a two-story 7,829 square foot "High
Quality - Sit Down restaurant" with 1,033 square feet of out-door seating area for a total of 8,852
square feet. The subject property is comprised of two irregularly-shaped and shallow parcels
(Parcel I-north and Parcel 2-south), which will be combined in order to accommodate the 2 10-
seat restaurant. Parcel I-north has a tnangular shape, it is the area where the restaurant will be
built and the subject of these variance applications (see Exhibit "B" Site Plan). These vanance
applications are for two (2) awnings; one located on the east side and the other on the north SIde
Page 2
Woolbright Grill-Awnings
File No. ZNCV 02.010
of the restaurant building. The east awning would be used to cover an outdoor seating area while
the north awning would cover an open servicing area for the proposed restaurant. The location of
the project presents a unique situation since it is surrounded by a major road, the Riverwalk
Shopping Plaza and the Intracoastal Waterway, and dissected by an existing storm water utility
line.
The following is a description of the land uses and zoning designation of the properties that
surround this site:
North. Woolbright Road right-of-way; farther north is developed with multi-family apartments
(Gulfstream Apartments) with a High Density Residential (HDR) land use designation
and zoned Multi-family Residential (R-3);
South. Vacant property with a High Density Residential (HDR) I Conservation Overlay District
land use designation and zoned Multi-family Residential (R-3);
East: Intracoastal Waterway right-of-way, farther east are developed townhouses (Ocean Ridge
Yacht Club) in the Town of Ocean Ridge zoned Medium Density Multi-family
Residential (RMM); and
West: Riverwalk Shopping Plaza with a Local Retail Commercial (LRC) land use and zoned
Community Commercial (C-3).
ANALYSIS
The code states that the zoning code variance can not 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 granling the variance requested will not confer on the applicanl anv special privilege
that is denied by Ihis ordinance 10 olher lands, buildings, or structures in the same zoning
district.
d. Thalli/eral interpretation of the provisions oflhis ordinance would deprive the applicant of
rights commonly enjoyed bv olher properties in the same zoning district under the terms of
the ordinance and would work unnecessarv 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.
Page 3
Woolbright Grill.Awnings
File No. ZNCV 02-010
f. That the gran ling 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 othenvise detrimental to the public welfare.
Staff reviewed the requested variance focusing on the applicant's response to the above criteria
contained in Exhibit "c" Staff concurs with the applicant's response to criteria "a" above that
there exist special conditions peculiar to the subject parcel, namely location of the lot and site
constraints Staff acknowledges the unique "enclosed" characteristics of the parcel. The site
configuration does not leave sufficient room to design a building offering both, an acceptable
footprint with an adequate floor plan (to be economically feasible) and to minimize the need of a
variance. Furthermore, an existing storm water utility line that dissects the property is proposed
to be relocated, and the building shifted southward. The existence of the utility line, and the
configuration of the lot prevent full use of the subject parcel.
Staff also acknowledges the existence of a bridge ramp abutting the north property line of the
subject parcel that separates the parcel from the adjacent multi-family residences to the north.
The ramp combined with Woolbright Road right-of-way measures approximately 125 feet in
width.
With respect to the other criteria "e" above, which relates to the magnitude and necessity of the
variance. The subj ect property has a "triangular" configuration. The east and west property lines
run south (along the rear of the Winn Dixie Supermarket) to form the edge of the triangular-
shaped parcel. The building is designed to maximize the front (west) and rear (east) setbacks,
both measuring twenty (20) feet. The side yard of this property located along the north property
line abuts Woolbright Road and the bridge ramp. Furthermore, approximately 12 feet of the
eastern portion of the subject property is within the Intracoastal Waterway resulting in a very
shallow width. The applicant's proposal includes an open service area (measuring 15 feet by 36
feet) along the north property line abutting the bridge ramp. The ramp combined with the
Woolbright Road right-of-way measures approximately 125 feet in width. The City of Boynton
Beach Land Development Regulations, Chapter 2, Section 5.1.2 requires a 30 foot side setback
for buildings located on properties zoned commercial and which abut residential districts, and
Section 5 J 2. limits the encroachment of awnings into the building setback to no more than 2.5
feet. These site limitations along with code requirements represents special conditions and
circumstances that limit the typical design flexibility allowed under normal circumstances. These
constraints and circumstances also dictate the design of the structure on this irregular-shaped and
shallow lot by placing the building at the deepest and northemmost point of the lot which ensures
compliance with front and rear setbacks but minimizes design alternatives and full use of the
parcel.
Options for meeting the overhang limitation for both awnings with the least design impacts
appears to be limited to reducing the size of both the east and north awnings to the 2.5 feet
overhang required by code, or by reducing building size accordingly The proposed awnings will
be made out of canvas with a Hunter Green color The proposed north awning over the service
area, will provide a visual screening from the line of sight of vehicles traveling on the
Page 4
Woolbright Grill.Awnings
File No. ZNCV 02-010
Woolbright Road bridge, while the east awmng IS to provide shade and protection from the
elements for the outdoor seating area.
With respect to impacts on the area, and criterion "r' above, the project is separated from nearby
properties by significant distances and barriers (e,g. the Intracoastal Waterway and Woolbright
Road bridge ramp), and there is not a streetscape with a continuous and consistent building
setback pattern against which the proposed setback deviation would conflict. Staff concurs that
the proposed awnings will not impede on any views nor jeopardize the safety of the public.
Therefore, the impacts upon abutting properties are immeasurable.
CONCLUSIONS/RECOMMENDA nON
In the absence of special hardship criteria used for reviewing simple building appurtenances
such as awnings, the general and traditional criteria has been used herein. Staff generally
concludes that based on the same lot constraints and features that have justified the variance
request for the accompanying building setback, variances for the awnings are also justified. Staff
also concludes that the proposed awnings would have no negative impacts upon adjacent
properties, would not protrude beyond any other improvement allowed within the setback (i.e.
outdoor deck and fenced storage area), and would serve more than a cosmetic purpose.
Placement of these awnings in the proposed locations will not impede views nor create any other
adverse impacts upon adjacent property Therefore, staff recommends that this request for relief
from Chapter 2. Zoning, Section 4.1,8, to allow two awnings to extend farther into the building
setback than the maximum allowed by code-2.5 feet-be approved. Any conditions of approval
recommended by the Board or City Commission will be placed in Exhibit "D"- Conditions of
Approval.
MDNMR
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WOOLBRIGHT GRILLE
700 WootJlRIGH'T ROAD
BOYNTON BEACH, FL 33435
CITY OF BOYNTON BEACH, FlORIDA
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SLATTEP'i AND HSSJCIFlTES ~ 1551742tS~59
NO 535
GJ02
EXHIBIT "C"
r. EAST AWNING
s: A. THE PHYSICAL CONFIGURATION OF THE PROPERTY ON WHICH THIS REST AmlANT IS
LOCATED IS VERY UNUSUAL IN NA T\JR.E. IT TAPERS FROM NORTH TO SOUTH VERY
QUICKLY, CREATING A VERY SHAl.LOW EAST TO V.'EST DIMENSION. THE DESIGN OF
A BUll..DING ON THIS SITE ALLOWS FOR NO ADDITIONAL ROO~ FOR A STRUCURAL
CANOPY
B. AS STATED ABOVE, THE SHALLOWNESS Of THE SITE DOES NOT ALLOW ROOM FOR
ADOmONAL STRUCTUl\.E, THEREFORE, THE ADDITION OF A CANTILEVERED AWNING
CREATED A SOLUTION NOT REQUIRING ANY STRUCTURAL ELEMENTS WITHIN THE
SETBACK.
C. THE GRANTING OF THIS V ARlANCE WILL NOT CONFER ANY SPECIAL PRlVELEDGES.
HilS AWNING WiLL NOT AFFECT OR IMPEDE ANY VIEWS FROM JI.'EIGHBORING
PROPERTIES.
D AS STATED IN "A", THE l'NiQUENESS OF OUR SITE WITH THE IMPOSED REAR SETIlACK
DOES NOT ALLOW ANY SHADEPRODUCING STRUCTURES. ALSO, THE FACT THAT 12'
OF OUR SITE IS OVER W ATEIl DOES NOT ALLOW US TO PROVIDE LANPSCAPING TO
SOLVE THIS PROBLEM,
E. WE FEEL TllA T SINCE OUR SITE ONLY ALLOWS US VERY LIMlTED LANDSCAPING AT
THE EAST SIDE OF OUR PROPERTY, A 10' CANTILEVERED AWNING is REQUIRED TO
SHADE THE WTNDOWS ON THE EAST ELEV A nON OF OUR BUILDING.
F AGAIN, THIS A WNlNG WILL NOT AFFECT OR IMPEDE ANY VIEWS FROM NEIGHI30RING
PROPERTIES, AND WILL 0Nt. Y ADD A POSITIVE AESTHETIC ELEMENT TO TIUS
BUlLDING AND TIlE PROJECT
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EXHIBIT "e"
I L.. NORTH AWNING
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5 A. THE NORrn SIDE SETBACKFOR DDS PROJECT HAS BEEN INCREASED DUE TO IT'S
RELA TN!> ADJACENCY TO A RESIDENTIAL ZONING DISTRICT HOWEVER, IN THIS
CASE THE RESIDENTIAL PROPERTY OCCURS TO THE NORTH OF OUR PROPERTY AND
ACROSS WOOLBRIGHT ROAD AND THE BRIDGE OVER THE INTRACOASTAL.
B. THE APPLICANT IS PROPOSrNGPARTIAL lUlIEF FROM THIS INCREASED SETBACK,
BECAUSE OF THE NATUR.E Of THE SITE AND THE ADJOINING CONDITIONS.
C. TH'E NAlVlU: OF THE BRIlXiE AND IT'S RAMP IS UNIQUE TO OL'R SITE'S LOCATION.
D. THE FACT TIlA T OUR SITE IS ADJACENT TO A RESIDENTIAL ZONING DISTRICT
DICTATES THE INCREASED SETBACK. HOWEVER, THE CODE DOES NOT TAKE INTO
~CCOUNT THE UNIQUE PROPERms Of THE LAND ADJOINING OUR SITE. THESE
PROPERTIES BEING THE SIZE OF THE BRlDGERAMP AND THE DISTANCE FROM OUR
STI'E TO 1llE RESIDENTIAL ZOI'<1'NO DISTRICT
E. THIS VARIANCE PROPOSAL IS FOR A SCREENED SERVICE YARD IS' X 36' DDS IS THE
SM.ALLEST AREA WE FEEL THAT WE NEED FOR THIS FUNCTION.
F THE BRIDGE !lAMP ADJACENT TO OUR PROPERTY ALONG THE NORTH SIDE IS AT AN
ELEV A nON TM TWILL AL.LOW THE VEHICULAR TRAFFIC TO LOOK DOWN FROM THE
BRIDGE INTO THE SERVICE YARD. l'IV AL.LOWING THIS PROJECT TO CONSTRUCT A
MASONRY WALL AND CANVAS A WNlNG OVER THIS SERVICE YARD, IT ALLOWS US TO
?RO'v1DE A VISUAL SCREEN SHlEL.DlNG THE SRVICE Y ARC AND EQUIPMEJ..'1' FROM
VIEW IN ADDITION, THE ADJACENT lUSIDENTIAL APARTMENTS Wll.L NEVER HAVE A
DIRECT VIEW OF THIS SERVICE Y ARC AND PROPOSED A Wh1NG. OUR REQUEST IN NO
WAY ',I,1LL BE INJURIOUS TO THE NEIGHBOIUNG PROPERTY OR THE PUBLIC WELFARE.
EXHIBIT "D"
Conditions of Approval
Project name: Woolbright Grill
File number ZNCV 02-010 (Awnings)
Reference:
I DEPARTMENTS
I INCLUDE I REJECT I
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREA nON
Comments: NONE X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments: NONE X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
Conditions of Approval
2
Woolbright Grill
ZNCV 02.010 (AwninQs)
I DEPARTMENTS I INCLUDE I REJECT I
1 NONE X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
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