REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO, PZ 02-112
STAFF REPORT FOR
COMMUNITY REDEVELOPMENT BOARD AGENCY AND CITY COMMISSION
June 3, 2002
Meeting
Date:
June 11,2002
FileNo:
ZNCV 02-011 - Building setback.
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 6.C.3., requiring a thirty (30) foot side setback to
allow for a variance of 10 feet, and a side setback of twenty (20) feet.
BACKGROUND
The subject site is located on the south side of Woolbright Road, northeast of the Riverwalk
Plaza and bounded on the east by the Intracoastal Waterway The subject property, totaling 0.69
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 approval. 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 210-seat restaurant. Parcel I-north with a triangular
shape, is the area where the restaurant will be built and the subject of this variance application
(see Exhibit "B" - Site Plan). 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 a 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
Page 2
Wool brig hI Grill-Building Setback
File No. ZNCV 02.011
and zoned Multi.family Residential (R-3);
South. Vacant property with a High Density Residential (HDR) / 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 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 intelpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoved bv 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 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.
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 "and "b"
above that there exist special conditions peculiar to the subject parcel, namely location of the lot.
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 (to be
economically feasible) and to minimize the need for a variance. Furthermore, a storm water
utility line exists, which is proposed to be relocated so as to not further limit the use of this
parcel.
Page 3
Woolbright Grill-Building Setback
File No. ZNCV 02-011
Staff also acknowledges the existence of a bridge ramp abutting the north property line of the
subject parcel. The ramp, combined with the Woolbright Road right-of-way measures
approximately 125 feet in width. Staff believes that the bridge and road right-of-way has
presented special conditions and circumstances, therefore satisfying criterion "b" above.
Furthermore, regardless of what use is ever proposed for the subj ect property, within the scope of
the allowable uses of the C-3 zoning district, the subject variance would likely be required, as the
minimum variance needed to make possible the reasonable use of the land.
With respect to criteria "e" above, which relates to the magnitude and necessity of the variance,
the subject property has a "triangular" configuration, which makes compliance with setbacks
challenging. 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. The City of Boynton Beach Land Development Regulations, Chapter 2, Section 5.1.2
requires a minimum 30-foot side setback for buildings located on properties zoned commercial
that also abut residential districts. The logical design ofthe structure on this irregular-shaped and
shallow lot includes placing the building at the deepest point of the lot. This location is at the
northern portion of the property where the parcel offers the greatest depth, allowing the front and
rear setbacks to be met.
Alternatively, a fifteen (15) foot side setback is required when there is no residential property in
the immediate vicinity of a commercial property The applicant is proposing a twenty (20) foot
side setback, which is more than the minimum requirement. Options for meeting the setback with
the least design impacts appears to be limited to reducing the size of the structure.
With respect to impacts on the area, and satisfying criterion "f' above, the intent of such a
stringent side setback is to insure proper separation between residentially-zoned and
commercially-zoned properties. The increased distance separation caused by the bridge ramp and
Woolbright Road between the proposed restaurant and the residential district is more than
adequate to meet the intent of the code. Therefore, the impacts upon the abutting parcels, mainly
to the north, would be immeasurable.
CONCLUSIONS/RECOMMENDATlON
Based on the analysis contained herein, staff acknowledges that the applicant has proven that a
hardship condition exits. Therefore, staff recommends that the requested variance be approved,
thereby granting a side setback of20 feet in lieu of the 30 foot side setback required by code.
No conditions of approval are recommended; however, any conditions of approval recommended
by the Community Redevelopment Agency Board or City Commission will be placed in Exhibit
"D"- Conditions of Approval.
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WOOLBRIGHT GRillE
700 WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
CITY OF BOYNTON BEACH, FLORIDA
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fJJ SLATTERY AND ASSOCIATES
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3Lf=:TTc.:R'l' HND PSSOCIATES ~ 15617425259
NO. 635
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STATEMENT OF SPECIAL CONDIT .S
EXHIBIT "C"
5. A. THE ?ROPERTY IN QUESTION AalJ.~ E~ 'M...NGROVE' HABITAT THE
PURPOSE OF THE ORDINANCE IS TO PRQ\CJ05A.. VISUAl. "'-'01;1 NOISE BARRIER BETWEEN
RESIDENTIAL AND COMMERCIAL PROPERTY WHILE THE"MA.'1GROVE FOREST IS ZONED
RESIDENTIAL, THERE ARE NO I'ROSPECTS OF PUTTING HOUSES AT THIS AREA. ALSO. THIS
SAME V"JUANCE 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 VARIANCE REQUEST OBVIOUSLY WILL. NOT GRANT ANY
SPECIAL PRIVILEDGE TO THE APPLICANT
0: AS STATED ABOVE, THE l1.EASONS FOR THE REQUEST OF THIS VARIANCE "'RE FO~
THE BETrERMENT OF AN EXISTING CONDITION. NOi ON!. Y WOULD A PRIVACY WALL
ABL'TTlNG MAl'iGROVE TREES SERVE NO PURPOSE, BUT THE CONSTRUCTION OF SUCH A
WALL AND FOUND" TlON SYSTEM COULD DAMAGE A SENSA TlVE ECOSYSTEM.
E: THE V ARJANCE REQUEST IS O?-lL Y FOR THE OMISSION OF A SIX FOOT HIGH CONCRETE
BLOCK WALL. AS SHOWN ON THE SUBMITTED PLANS, THE OWNER WJLL BE INSTALLING
A VINYL CLAD CHAIN LINK FENCE AND ALL REQUIRED LANDSCAPING.
F' THE GRANTING OF THIS VARIANCE WILL IN NO WAY BE DETRIMENTAL TO TI-IE
POOl-IC WELFARE. AS PREVIOUSLY MENTIONED, THIS SAME VARIANCE REQUEST WAS
GRANTED fOR THE ADJACENT SHOPPING CEl>TER.
EXHIBIT "D"
CondItions of Approval
Project name: Woolbright Grill
File number ZNCV 02-011 (Setback)
Reference'
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments: NONE
BUILDING DIVISION
Comments: NONE
PARKS AND RECREATION
Comments:
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments: NONE
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments:
Condilions of Approval
2
Woolbright Grill
ZNCV 02-011 (BuildinQ Setback)
I DEPARTMENTS I INCLUDE I REJECT I
I To be determined
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 2. To be determined. I I I
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