APPLICATION
04 29. 2002 15 20
lr 13755259
BO'iNTOCI BEACH P ~. Z
FI-<GE 02
City Code~ Accessed Via Website
www.bovnton-beach.ori!:
www.amlegal.comfboyntoTl._beach_fl.us
Has applicant attended a pre-applic.ttion meeting?
Date
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CIT'r OF BOYNTON BEACH
PLANI~ING & ZONING DIVISION
CODE V ARJANCE APPLICATION
SUBMITTAL DEADLINE: SEE SCHEiDULE OF DATES FOR BOARD MEETINGS AND
SUBMITT)l:L DATES:
PI! lase Print (in ink) or Tvpe
Submittal Date.
The undersigned owner(s) hereby rEspectfully petition(s) the City Of Boynton Beach to grant to
petitioner(s)a special exception or vrJ riance to existing code of said City pertaining to the property
hereinafter described and in support tti ereof state(s):
Plat Book l
Lot(~ l ~ '2
S~O, YISt c:>~ Subdivision
Page I 4" or otherwise described as follows.
Property involved IS described as follows:
-Block
t
~045SlE~'S
- ,
Property Address
PCN Number
08 '(3 tt?' 340/ (}OO 00/:2..
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 standarc. minus requested standard).
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The following documents are required to be submitted with this application to form a single package.
Incomplete package will not be accep'ed:
1 Two sealed surveys by a regi~i tered surveyor in the State of Florida, not over six (6) months
old, indicating:
A. All property lines
B North arrow
C Existing structures and p, ving
D Existing elevations
E. ~ights-of-way, with efeva'lions
F !Easements on or adjacent to the site
G tJtilities on or adjacent to :he site
H. ll.egal Description
I liIumber of acres to the n.,arest one-hundredth (1/100) of an acre
I
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Zoning Code Variance Application
J. Location sketch of prope 1y
K. Surveyor's Certificate
2. Two site plans properly dimen ;ioned and to scale showing:
A. All proposed structures
8 All existing structures th~ t are to remain on site
C, Setback lines for all st uctures drawn perpendicular from the property lines to the
closest vertical wall of str uctures
o Use of each structure (or uses within multiple occupancies)
E. Use of adjacent properti! s including right-of-way lines for all streets and alleys,
sidewalks, turn lanes an< driveways
F Elevations of the lowest' inished floor of all structures on the site
3. Certified list of names and pos office_addresses of property owners and legal descriptions of
their property within 400 feet )f subject property; as recorde<i in the County Courthouse,
- including a tax map showing pi, cement of 40O-feet boundary. Such list shall be accompanie<i_
by--an Affidavit (see attached) ;tating that to the best of the applicant's knowledge, said list is
complete and accurate, as we:1 as addressed envelopes and postage (15t c1ass--stamps or
payment for required postage).
4 Proof of ownership of property by petitioner(s), such as deed or purchase contract agreement.
If an agQnt is submitting thE petition, a notarized copv of a letter desicmatinQ him as
such must accompany the pelition.
5, Statement of special condition:'., hardships or reasons justifying the requested exception or
variance. Respond to the six ('5) questions below (A-F) on a separate sheet (Please print or
M&
A That special conditions a'ld circumstances exist which are peculiar to the land, structure
or building involved and vhich are not applicable to other lands, structures or buildings
in the same zoning district;
B. That the special conditic ns and circumstances do not result from the actions of the
applicant;
C That granting the variar ce 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 )f 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 wOl.ld work unnecessary and undue hardship on the applicant;
E. That the variance graned is the minimum variance that will make possible the
reasonable Use of the I:;m~, building or structure,
F That the granting of the \nriance 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 t 1e public welfare
2
04/29/2002 15 20
5513755259
BOYNTON BEACH P & Z
PAGE 04
Zoning Code Variance Application
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An application fee in the amo! :nt of $400.00 plus postage, payable to the City of Boynton
Beach, must accompany a conpleted application, The $400.00 application fee covers a
request to vary one (1) section !If the Code. Seeking relief from more than one section of the
Code will require payment of $1 )0 00 for each additional Code section.
Name and address of owner' ~~S~~ t{oLot N~$ ::z:,...Jc jq 00 ~ ~7L~7K...l:;;'" 1"7"E. 1'2
. p~~ C5~.,.., FL
Name of apphcant: 56g..<>-.) ~~
Applicant's address: qCJo ~/'7l~7{c... 151.\\ Lt (.z /;)~ ~~t-4-, Ft..o
Applicant's phone #. (r?o l) t2..7~ 63: '5("
Date.
Signature of Applicant:
10. Representative of the projec:. must be present at all Technical Reviaw Committee,
Planning and Development Bon or Community Redevelopment Agency Board and City
Commission meetings held to review this project.
CERTIFICATION
TO THE BEST OF MY KNOWLEDGE ilND BELIEF, THE ATTACHED LIST IS A TRUE AND
CORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE
APPLICANT'S PROPERTY.
All applications received by the City of Boynton _ B .ach shall be accompanied by the list with OllIIleS lIIld addresses of all property
owners within four hundred (400) feet of the subjel t property, and addressed envelopes. ApplicatioD!l will not be accepted withont
these mailing labels.
CONTACT:PALM BEACH COUNTY
PROPERTY APPRAISERS OFFICE
AITN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
Phone" (561) 355-2881
FAX. (561) 355-3881
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J'\sHROATA\Pr.a."nlng\S 1 AAEO\WP\FQRMS\APPUCATlONS\ZN(: V\ZNCV .ppllcadon wlttl peN.doe:
3
REQUEST Relieffrom Chapter 2, Zoning, Section 4.1.8, to place a cantilevered awning on a building
wall projecting ten (10) feet into the required twenty (20) foot rear setback in lieu of the 2.5 feet allowed by
code, and to allow an overhang of7.5 feet for a restaurant in a C.3 zoning district.
REQUEST Relief from Chapter 2, Zoning, Section 4.1.8, to place a building structure ten (10) feet into
the required thirty (30) foot side setback.
REQUEST Relief from Chapter 2, Zoning, Section 4.1.8, to place a cantilevered awning on a building
wall projecting eight (8) feet into the required thirty (30) foot side setback in lieu of1he 2.5 feet required by
code, and to allow an overhang of 5.5 feet for a restaurant in a C.3 Zoning district.
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05/17-'['2
39 25
SLATTERY AND AS5X I HTES ~ 1~,617426259
NO 535 ~01
2060 N. W Boca bOD Blvd., Suite f#2. Boca bton. fL 33431. B-mail Address: ~Det I
.l.,.. SLATTERY
....2..+. and
+. ASSOCIATES
AAOIlECI'S
PlANNERS
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NIIIIIber of..... iDcIwtiIla _ sbeeI:
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To:
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FIIIC:
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FrolII: .:]Ole :-r:'E/25'l)J
Pl1oae: ($61) 392-3&48
PIIIC: (561)-392-5402
REMAIUCS: o UqeDt o Far your micw o Please ......"'leIIt o Pw Your 1'eqIlC8t o kcply ASAP
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rtrax is inQompIete, please notifY seoder at 561/392-3848
05 17/02
0'3 25
SUHTERY A~.ID ASSOC1ATE,; -'f 1561742E.~59
NO 6::5
[;102
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s: A, THE PHYSICAL CONFIGURA nON 01' THE PR.OPERTY ON WHICH THIS RESTAURANT IS
LOCATED IS VERY UNUSUAl. IN NI> TURE. IT TAPERS FROM NORlH TO SOUlH VERY
QUICKLY, CREATING A VERY SHALLOW EAST TO WEST DIMENSION. lHE DESIGN OF
A BUILDING ON lHIS SITE ALLOWS FOR NO ADDlT/ONAL ROO~ FOR A STRUCURAL
CANOPY
B. AS STATED ABOVE, THE SHALLOWNESS Of THE SITE DOES NOT ALLOW ROOM FOR
ADOmONAL STRUCTURE, THEREFORE, lHE ADDITION OF A CANTILEVERED AWNING
CREATED A SOLUTION NOT REQUIRING ANY STlUICTURAL ELEMENTS WITHIN THE
SETBACK.
C. THE GRANTING OF lHIS V A&lANCE WILL NOT CONFER ANY SPECIAL PRlVELEDGES.
THIS AWNING WILL NOT AFFECT OR. IMPEDE ANY VIEWS FROM SEIGH:BOIllNG
PROPERTIES.
D AS STAtED IN "A", THE UNIQUENESS OF OUR SITE WIlHTHE IMPOSED REAR SETBACK
DOES NOT ALLOW ANY SHADE PRODUCING STRUCTURES. ALSO, lHEFACT THAT 12'
OF OUR SITE IS OVER WATER DOES NOT ALLOW US TO PROVIDE LANDSCAPING TO
SOL VB nns PROBLEM,
E. WE FEEL THAT SINCE OUR SITE ONLY ALLOWS US VERY LIMlTED LANDSCAPING AT
THE EAST SlOE OF OUR PIWPERTY, A 10' CANTILEVERED AWNING IS REQUIRED TO
SHADE 1HE WINDOWS ON THE EAST ELEV A TlON OF OUR BUILDING.
F AGAlN, THIS AWNING WILL NOT AFFECT Ok IMPEDE ANY Vl.EWS FIWM NEIGHBORING
PROi'EllTIES, AND WILL ONL'i AOD A POSITIVE AESTHETIC ELEMENT TO THIS
BUILDING AND THE PkomCT.
05, _7 '0:
09 25
f~O. 635
1;03
SLRTTERY AriD PSSOC I ATES ~ 15617,,2S259
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S' A.THE NORTH SIDE SETBACK FOR TH1S PROJECT HAS BEEN !NCREASED DUE TO IT'S
REl.A T1VE ADJACENCY TO A RESIDENTIAl. ZONING DISTRICT HOWEVER, IN THIS CASE,
THE RESIDENTIAl. PROPERTY OCCURS ACROSS WOOLBR.IGHT ROAD AND THE BR.JOOE
OVER THE INTRACOASTAL WATERWAY
B: me APPLICANT IS PROPOSING PARTIAL REllEr FROM THIS INCREASED SETBACK,
BECAUSE OF THE NATURE OF THE SITE AND THE ADIOiNING CONDITIONS, IN CO.
OPERATION WITH THE OWNER OF THE ADJOINING PROPERTY, MOV!NG THE BUILDING
TEN FEET TO THt NORTH A~LOWS TENANTS OF THE ADJ.OINING SHOPPING CENTER A
GREATER VIEW OF THE WATERWAY
C: THE GRANTING OF THIS V ARlANCE WILL iN NO WAY CON FER ANY SPECIAL
PlUVILEDGES ON THE APPLiCANT WHETHER HIS BUILDING IS SHIFTED TEN FEET IN
EITHER DIRECTION MAKES NO DIFFER.ENCE TO HIM WHATSOEVER.
D; AS STATED ABOVE THE REASONS FOR THE REQI:SET OF THIS VARIANCE ARE FOR
THE BETTERMENT UF AN EXISTING CONDITION.
E: OPENiNG UP THE VIEW OF THE WATERFRONT BY TEN FEET IS THE MlX/MVM
DISTANCE TO CREATE ANY Vf~UAr..IMPACT FOR THE ADJOINiNG .PROPERTY OWNERS.
F: THEGRANTlNG OF THIS VAR!ANCE WILL IN NO WAY BE INJURiOUS TO TIiEAR5A.1T
DOES MOVE THE BUILDING TEN MORE FBET AWAY FROM THE RESIDENTIAL PROPERTY
ACROSS THE WATERWAY, WHILE PRESERVING MORE OF THE EXISTING SHOPPING
CENTER TENENTS VIEW OF THE WATERWAY
05,...17/82
3'3 25
5LRTTERY RND R~5OC1RTE5 > 15617426259
NO 635
[;>04
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S A. THE NORTH SlOE SETIlACKFOR TIllS PROJECT HAS BEEN INCREASED DUE TO IT'S
RELA nVE ADJACENCY TO A RESIDENTIAL ZONING DISTRICT HOWEVER, IN lHIS
CASE THE RESIDENTIAL PROPERTY OCCURS m THE NORTIl OF OUR PROPERTY AND
ACROSS WOOLBRIGHT ROAD AN'D THE BRIDGE OVER THE INTRACOASTAL.
B. THE APPLICANT IS PROPOSINGPARTlAL REllEr FROM THIS INCREASED SETBACK,
BECAUSE OF THE NA TUItE OF THE SITE AND THE ADJOINING CONDITIONS.
C. THE NAnnu; Of THE BRlDOE AND IT'S RAMP IS UNIQUE TO OUR SITE'S LOCATION.
D. THE FACT THAT OUR SITE IS ADJACENT m A RESIDENTIAL ZONING DISTRICT
DICTATES THE INCREASED SETBACK. HOWEVER, THE CODE DOES NOT TAKE INTO
ACCOUNTTHE UNIQUE PROI'ERnES Of THE LAND ADJOINING OUR SITE, 1HESE
PROPERTIES BEING THE SIZE OF TIlE IlRJPGE RAMP AND THE DIST ANeE fROM OUR
SITE TO THE IlESlOENTlAL ZONING DISTRICT.
E. THIS VARIANCE PROPOSAL IS FORA SCREENED SERVICE YARD W X36' THlS IS TIlE
SN'.ALLEST AREA WE FEEL 1HA T WE J'o.'EED FOR THIS FUNcnON,
I' THE BlUDGE RAMP ADJACENT TO OUR PROPERTY ALONO THE NORTH SlOE IS AT AN
El-EV A nON IRA T WILL ALLOW THE VEHICULAR TRAFFIC TO LOOK DOWN FROM THE
BRIDGE INTO THE SERVICE YARD BY ALLOWING THIS PROIECT TO CONSTRUCT A
MASONRY WALL AND CANVAS A WNlNG OVER THIS SERVICE YARD, IT ALLOWS US TO
?ROVIDE A VISUAL SCREEN SHIELDING mE SRVICE YARD AND EQUIPMENT FROM
VIEW IN ADDITION, nm ADJACENT RESIDENTIAL APARTMENTS Wll.L NEVER HAVE A
DIRECT VIEW OF THIS SERVICE YARD AND PROPOSED AWNING. OUR REQUEST IN NO
WAY ~1LL BE INJURIOUS TO TIlE NEIOHBOlUNG PROPERTY OR THE PUBLIC WELFARE.
05-. r .-1:32
O~ -'5
SLOTT~P> RND RSSOC1RTES . 155174262=9
NO. 635
1;05
1"-
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5 A: THE ?ROPERTY IN QUESTION ABl.[~ EXlSI'INC 'M...NOROVE' HABITAT THE
PURPOSE OF TIlE ORDINANCE [S TO PRl)VIDSA VISUAl. Am> NOISE BARRIER BETWEEN
RES[!)ENTIAL AND COMMERCIAL PROPERH WHILE THE Il&ANOROVE FOREST [S ZONED
RESIDENTIAL, THERE ARE NO PROSPECTS OF PU'ITING HOUSES AT THIS AREA. ALSO, THIS
SAME Vo\RlANCE REQUEST WAS GRANTED FOR THE SHOPPING CENTER TO THE WEST
B. THE UNIQUENESS OF THE ADJOINING SITE IS AN EXISTING CONDITION.
C. THE GRANTING OF THIS V ARlANCE REQUEST OBVIOUSLY WILL NOT GRANT ANY
SPECIAL PRlVILEDGE TO THE APPLICANT
0: AS STATED ABOVE, THE REASONS FOR THE REQUEST OF THIS VARlANCE ,o,RE FOel
THE amERMENT OF AN EXISTING CONDITION, NOT ONLY WOULD A PRlV ACY WALL
ABt.:TTING MANGROVE TREES SERVE NO PURPOSE, BUT THE CONSTRUCTION OF SUCli A
WALL AND FOUND"-T10N SYSTEM COULD DAMAGE A SENSATIVE ECOSYSTEM,
E: THE V ARlANCE REQUEST IS ON.L. Y fOR THE OMISSION OF A SIX FOOT HIGH CONCRETE
BLOCK WALL. AS SHO'WN ON THE SUBM[TTED PLANS, THE OWNER WILL BE INSTALLING
A VINY L CLAD CHAfN lfNK FENCE AND ALL REQUIRED LANDSCAPING.
F: THE GRANTINO OF THIS VARIANCE WILL INNO WAY BE DETRIMENTAL TOmE
PUBLIC WELFARE, AS PREYlOUSL Y MENTIONED, THlS SAME V ARlANCE REQUEST WAS
GRANTED FOR THE ADJACENT SHOPPING CENTER
PROJECT NAME: Wooloright Grill
LOCATION: South of Woolbright Rd./ East of Federal Hwy @ Riverwalk Plaza
PCN:
I FILE NO.: ZNCV 02-010 II TYPE OF APPLICATION: Variance I
AGENT/CONTACT PERSON: OWNER: Restaurant Holdings, Inc.
Joe Peterson, Slattery & Associates, Inc. PHONE: 561-278-0356
PHONE: 561-392-3848 FAX: 561-243-3147
FAX: 561-392-5402 ADDRESS: 900 E. Atlantic Blvd.
ADDRESS: 2060 NW Boca Raton Blvd. Suite 12
Boca Raton, FL. 33431 Delray Beach, FL.
Date of submittal/Proiected meetinl!: dates:
SUBMITTAL / RESUBMITT AL 5/1 0/02
1 ST REVIEW COMMENTS DUE: N/A
PUBLIC NOTICE: 5/28/02
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 N/A
MEETING:
COMMUNITY REDEVELOPMENT 6/11/02
AGENCY BOARD
CITY COMMISSION MEETING: 6/18/02
COMMENTS:
S :\Planning\SHARED\ WP\PROJECTS\ Woolbright Grill\ZNCV\02-0 1 0\2U02 PROJECT TRACK [NO INFO.doc