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APPLICATION City Codes Accessed Via Web.ite www.bovnton-beach.oTr! www.am1egal.com/boytlton_beach_fl.us MaS applicant attended a pre-applic,ltion meeting? 1'-1 ~ j, ~t)t1.;;. ., . .1.0 _~I ( Date ,.\ ; I U ! .-:----~--- --- CIT'( OF BOYNTON BEACH PLANi\IING & ZONING DIVISION CODE VARIANCE APPLICATION ii y il ~II '::'1' 0 ~I'.'" :,J 'L' I'.. ~..- (---~-~ . SUBMITTAL DEADLINE: SEE SCHE;DULE OF DATES FOR BOARD MEETINGS AND SUBMITT)!:L DATES. PI~!a5e Print (in ink) or Tvpe Submittal Date: fhe undersigned owner(s) hereby respectfully petition(s) the City Of Boynton Beach to grant to ::Jetitioner(s) a special exception or va riance to existing code of said City pertaining to the property lereinafter described and in support tti ereof state(s): PropertyinvolvedTs described as follows: ~ Lot(~ L.:.: '2 $~O, YIS< e>,J, Subdivision -- Page I ~ or othefVolise described as follows. --Block ~<-i5SlE"'-' '5 - , Plat Book l Property Address 08 13 tt? 340 1000 001:2.. PCN Number Variance requested including cilde chapter and section, existing code standards (i.e. setback~istance, number of required parking spaces etc.), requested standard and the variance (existing code standarc. -minus requested standard). Si-l-~l;<...--r: ~ 5~-.e ~~~ I rhe following documents are required ,to be submitted with this application to form a single package. ncomplete package will not be accep'ed' 1 Two sealed surveys by a registered surveyor in the State of Florida, not over six (6) months old, indicating: A. S C D E. F G H. L All property lines North arrow Existing structures and p, ving Existing elevations lRights-of-way, with efevaiions Easements on or adjacent to the site ytilities on or adjacent to :he site ~,egal Description 'Iumber of acres to the "",arest one-hundrel:Hh (1/100) of an acre , , (" Zoning Code Variance Application J Location sketch of prope 1y K. SUlveyor's Certificate 2. Two site plans properly dimen ;ioned and t() scale showing: A. All proposed structures B All existing structures the 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 structures o Use of each structure (or uses within multiple occupancies) E. Use of adjacent propertir s including right-of-way lines for all streets and alleys, sidewalks, turn lanes am driveways F Elevations of the lowest iinished floor of all structures on the site 3. Certifie~d list of names and pos, office addresses of property owners and legal descriptions of their property within 400 feet ,f subject property, as recorded..in the County Courthouse, ~_ including a tax map showing pl;:.cement of 40D-feet boundary. Such list shall be accompanied_ by-an Affidavit (see attached) Elating that to the best of the applicant's knowledge, said list is complete and accurate, as we: I as addressed envelopes and postage (1't class-stamps or payment for required postage). ~ Proof of ownership of property IIY petitioner(s). such as deed or purchase contract agreement If an agent is submitting the petition, a notarized copv of a letter desiclOating him as such must accompany the pelition, J Statement of special condition:'., hardships or reasons justifying the requested exception or variance. ~ Respond to the six ti) questions below (A-EJ on a separate sheet (Please print or ~ Ac- That special ccnditions 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 variaI' ce requested will not confer on the applicant any special privilege that is denied b" this Ordinance to other lands. buildings or structures in the same zoning district; o 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 wOlld 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 !:;In~. bl.lilding or structure, F That the granting of the v 3riance will be in harmony with the general intent and purpose Of this chapter and that sl.lch variance will not be injurious to the area involved or otherwise detrimental to t Ie public welfare ! 2 0~, L~/L~UL ~O L~ , ..JO..l.-J''"'w....''''...J ., Zoning Code Variance Application 5. An application fee in the amot :nt of $400 00 plus postage. payable to the City of Boynton Beach, must accompany a conpleted application. The $40000 application fee covers a request to vary one (1) section 'If the Code. Seeking relief from more than one section of the Cooe will require paymenfof $1 )000 for each additional Code section. . Name and add~ess of owner' f~s~~ l~Lo(N~$ ZJ-Jc.!9I10f! ;47L;'-'->7~J5<.<n:"E-I'2 . _ 9~~C5~<=,-, 1'4.-_ Name of applicant: 5014-<>-.:) T~~ Applicant's address: qoo ~;,l~7{c.... I Sl.l\ Lt (.z /Vr;.J...~ ~~e-4.r F0 Applicant's phone #: (1Zk l) CZ-?1, O?: sc.. 7 8 j ---oate. Signature of Applicant: 10. Representative of the projec.. must be present at all Technical Review Committee. Planning and Development Bo~ or Community Redevelopment Agency Board and City Commission. meetings held to review this project. :ERTIFICATION ro THE BEST OF MY KNOWLEDGE llND BELIEF, THE ATTACHED LIST IS A TRUE AND :ORRECT LIST OF PROPERTY OWNERS WITHIN FOUR HUNDRED (400) FEET OF THE )'PPlICANT'S PROPERTY. ill applications received by the City of Boynton. B oach shaH be accompanied by the list with names and addresses of all property wners within four hundred (400) feet of the subjel t property, and addressed envelopes. Applications will not be accepted without lese mailing labels. :ONTACT:PALM BEACH COUNTY 'ROPERTY APPRAISERS OFFICE \.:rrN: MAPPING DIVISION 101 North Olive Avenue Vest Palm Beach, Florida 'hone: (561) 355-2881 AX.. (561) 355-3881 , !- , updaled 1 0I~01 I3~ROATA\PI.nnl.,\S I AAEO\WP\FORM5'APPLlCAT10NS\ZN(: V1ZNCV applled.n wI'" PCN.doc 3 . , , , REQUEST Relief from Chapter 2, Zoning, Section 4.1.8, to place a cantilevered awning on a building wall projecling ten (10) feet into the required twenty (20) foot rear setback in lieu of the 2.5 feet allowed by code, a:ndto allow an overhang of7.5 feet for a restaurant in a C-3 zoning district. REQUEST Relief from Chapter 2, Zoning, Seclion 4.1.8, 10 place a building structure len (10) feet into the required thirty (30) fOOl side setback. REQUEST Relief from Chapter 2, Zoning, Section 4.1.8, 10 place a cantilevered awning on a building wall projecting eight (8) feet into the required thirty (30) foot side selback in lieu orthe 2.5 feet required by code, and to allow an overhang of 5.5 feet for a restaurant in a C-3 Zoning district. et"&~%(, &L~ ~,J. C!tyI'7.ee f2 ~~ ~ cf\ae--e.. 4. Gha.{f\. h\\.k. ~'C:I\,e...e- ,..... \ I t:-4 ",{> ~ G \-o-tL \4\~ \i- c::.oJo.Jc.~-r~ tS~aq...... VJf-L0. .. OS/17/C2 :)9 25 '::,LHTT~ Q'T A~D ASSJC 1 AT!::S ~ 1 S6174.26~S9 NO 6::5 [;101 2060 N. W Boca bon Blvd.. Suite n Boca ll.at0ll, l'L 33431. E-mail Address:~lsoutb.net I .~.,. SLATTERY ....L'+M' and . +: ASSOCIATES . AAOlnECI'S PLANNERS DIle; S- .Iii J tn- , I Nwnber of pqes iDdwIiIla <<ner sbecc; s- To: FI'Olll: .:rolr 7:tIE:/2S'/)J Pboae: ($61) 392-3&48 F1Ill: (S61)-392.S402 ~: Fax: ~. REMARKS: (J lJreeat o Far your leYiew o Please .o._."'"tCIIt o Per YOIII" reqIIC6l o kqlIy ASAP ~~'" ~ ~ V~/J.tIL. ~~s..S ~ ~~.,-~ . I . I - Ifftx is incomplete. please llOtif.f seader at 561/392-3848 05- .~ '\22 00 ~5 3L::;TTC:P', AND ;:;SSOCIATE3 .., lS617~2S2S'3 flO.635 ~05 w ~ 5 A. THE ?ROPERn [N QUESTlON ABI.JJ"J$~ EXlsrI}j() 'MANGROVE' HAB[TAT mE PURPOSE. OF THE ORDINANCE IS TO PRQ\llDSA VISUAL ...~ NOISE BARRIER BETWEE;.i RESIDENTIAL AND COMMERCIAL PROPERTY WHIT.E TIfE" MANGROVE FOREST [S ZONED RESIDENTIAL, THERE ARE NO PROSPECTS OF PUTTING HOUSES AT THIS AREA. ALSO. EllS SAME V "JUANCE REQUEST WAS GRANTED FOR THE SHOPPING CENTER TO THE WEST B. THE UNIQUENESS OF THE ADJOINING S[TE IS AN EXISTING CONDmON. C. TIlE GRANTING Of THIS VARlASCE REQ L: EST OBVIOUSLY WILl- NOT GRANT ANY SPECIAL PRlVlLEDGE TO THE APPLICANT 0: AS STATED ABOVE, THE REASONS FOR THE REQUEST OFTHIS VARIANCE liRE fO~ THE BETIERMENT OF AN EXISTING CONDITION. NOT O~l Y WOULD A PRIVACY WALL ABLTTING MAl'iGROVE TREES SERVE NO PURPOSE, aUT THE CONSTRUCTION OF SUCH A WALL AND fOUNDA. nON SYSTEM COULD DAMAGE A SENSATIVE ECOSYSTEM. E: THE V I\RlANCE P.EQUEST [S O"lL Y fOR THE OMISSION OF A SIX FOOT HIGH CONCRETE BLOCK WALL. AS SHOWN ON THE SUBMITTED PLANS, THE OWNER WILL BE INSTALLING A VINYL CLAD CHAIN LINK fENCE AND ALL REQUIRED LANDSCAPING. F' THEGRANTINO Of THIS VARIANCE WILL iN NO WAY BE DETRIMENTAL TO THE PUBUC WELF AP..E. AS PREVIOUSLY MENTIONED, THIS SAME VARIANCE REQUEST WAS GRANTED fOR THE ADJACENT SHOPPING CEl-o"TEll.. 05.- 1...../.('2 J9 25 SLATTER',:, H~CI HSSJCI~TE; -;. 1~,61742~.,59 t',1] 6:5 ~02 -r -:r- s: A. THE PHYSICAL CONFIGURATION OF THE PROPERTY ON WHICH THIS REST AUllANT IS LOCAno IS VERY UNUSUAl. IN NATURE. IT TAPERS FROM NORTH TO SOUTIl VERY QUICKLY, CREATING A VERY SHALLOW EAST TO "''EST DIMENSION. THE DESIGN OF A BUILDING ON TIllS SITE ALLOWS FOR NO ADDlTIO:olAL ROO~1 FOR A STRUCURAL CANOPY B- AS STATED ABOVE, T1lE SHALLOWNESS OF THE SITE DOES NOT ALLOW ROOM FOR ADOmONAL STRUCTURE. THEREFORE, THE ADDITION OF A CANTILEVERED AWNING CREATED A SOLUTION NOT REQUIRING ANY STRT.:ClURAL ELEMENTS WITHIN THE SETBACK. C. THE GRANTING OF THIS V ARlAl'iCE WILL NOT CONFER ANY SPECIAL PRIVELEDGES. THIS AWNING WILL NOT AFFECT OR IMPEDE ANY VIEWS FROM NEIGHBORING PROPERTIES. D AS STATED IN "A", T1lE UNIQUENESS OF OUR SITE WITH 1HE lMPOSED REAR SETIlACK DOES NOT ALLOW ANY SHADE PRODUCING STRUCTURES. ALSO, THE FACT THAT 12' OF OUR SITE IS OVER WATER DOES NOT ALLOW US TO PROVIDE LANPSCAPING TO SOLVE THlS PROBLEM. E. WE FEEL THAT SINCE OUR SITE ONLY ALLOWS US VERY LIMITED LANDSCAPING AT THE EAST SIDE OF OUR PROPERTY, A l()' CANTILEVERED AWNING IS REQUIRED TO SHADE TIlE WINDOWS ON THE EAST ELEVATION OF OVR BUILDING. F AGAIN, TIDS A WNING WILL NOT AFFECT OR-IMPEDE ANY VlEWS FROM NElGHBORING PROi'EllTlES, AND WILL ONLY ADD A POSITIVE AESTHETIC ELEMENT TO THIs BUILDING AND THE PROJECT. 05, _ 7/'C2 09 25 '10.85 [;03 3u=<-n::RY AriD ;:;S20C J ATE3 ~ 15617.:..25259 }L 5' A.THE NORTH SIDE SETBACK FOR THIS PROJECT HAS BEEN INCREASED DUE TO IT'S RELATIVE ADJACENCY TO A RESIDENTIAL ZONING DISTRICT HOWEVER, IN THIS CASE, THE RESIDENTIAL PROPERTY OCCURS ACROSS WOOLBRIGHT ROAD AND TIl"E BRIDGE OVER THE INTRACOASTAL WATERWAY B: THE APPLICANT IS PROPOSING PARTIAL RELlEF FROM THIS INCREASED SETBACK. BECAUSE OF THll NATURE OF THE SITE AND THE ADJOINING COND1T!ONS. IN CO. OPERATION WITH HIE OW1'IER OF THE ADJOINING PROPERTY, MOVIl'G THE BUILDING TEN FEET TO Tm NORTH ALLOWS TENANTS OF THE ADLOINING SHOPPING CENTER A GREATER VIEW OF THE WATERWA,Y C. THE GRANTING OF THIS VARIANCE WlLL IN NO WAY CONFER-ANY SPECIAL PRIVlLEDGES ON THE APPLICANT WHETHER H:S flUILDING IS SHIFTED TEN FEET IN EITHER DIRECTION MAKES NO DlFFER.ENCE TO HIM WHATSOEVER. D: AS STATED ABOVE THE REASONS FOR THE REQ1;SETOF THIS VARIANCE ARE FOR THE BETIERMENT OF AN EXISTING CONDITION. E: OPENING UP THE VIEW OF THE WATERFRONT BY TEN FEET [S THE MI1'IMUM DISTANCE TO CREATE ANY VI"UAL IMPACT FOR THE ADJOlNING PROPERTY OWNERS. F: THEGRANTlNG OF THIS VAR'ANCE WILL IN NO WAY BE INJUR[OUS TO TIiEARSA.1T DOES MOVE THE BUILDING TEN MORE fEET A WA Y fROM THE RESIDENTIAL PROPERTY ACROSS THE WATERWAY, WH[LE PRESERVING MORE OF TIiE EXISTING SHOPPING CENTER TENENTS "IEW OF THE WATERWAY 05/17-'[2 09 25 I'jO 635 G>04 SLATTERY ANu ASS0CIATE3 ~ 15617426259 , .<- - t ',-- '1j ~ "! "- "y- ..., . M- - v -lit... S A. THI NORTH SIDE SETBACKFOR nus PROJECT HAS BEEN INCREASED DUE TO IT'S RELA 11VE ADJACENCY TO A RESIDENTIAL ZONING DISTRICT HOWEVER, IN THIS CASE THE RESIDENTIAL PROPERTY OCCURS TO TIlE NORm OF OUR PROPERTY AND ACROSS WOOLBRIGHT ROAD AND THE BRIDGE OVER THE INTRACOASTAL. B. THE APPUCANT IS PROPOSINGPARTIAL RELIEF FROM THIS INCREASED SETBACK, BECAUSE OF THE NATURE OF THE SITE AND THE ADJOINING CONDlTIONS. C. TI{E NA11.JRE OF THE BJUOOE AND IT'S RAMP IS UNIQUE TO OL'R SITE'S LOCATION. D. THE FACT TIIA T OUll SITE IS ADJACENT TO A RESIDENTIAL ZONING DISTRICT DICTATES THE INCREASED SETBACK. HOWEVER, THE CODE DOES NOT TAKE INTO ACCOUNT THE UNlQUE PROPERnES Of THE LAND ADJOINING OUR SITE. lllESE PROPERTIES BEING TIm SIZE 01' THE 8lUDGE AAMP AND THE DIST ANeB fROM OUR sm TO mE }l.ESIDENTIAL ZONING DISTRICT. E. THIS VARIANCE PROPOSAL IS FOR A SCREENED SERVICE YARD IS' X 36' THIS IS THE SM.ALLEST AREA WE FEEL THAT WE NEED FOR nus FUNCTION. l' THE BRIDOE RAMP ADJACENT TO OUR PROPERTY ALONG THE NORm SIDE IS AT AN fLEV A TION THAT wn..L ALLOW THE VEHICULAR TRAFFIC TO LOOK DOWN FROM THE BRIDGE INTO THE SERVICE YARD BY ALLOWING THIS PROJECT TO CONSTRUCT A MASONRY WALL AJooo"D CANY AS A WNlNG OVER THIS SERVICE YARD, IT ALLOWS US TO ?ROVlOE A VISUAL SCREEN SHIELDING mE SRVICE Y AIID AND EQUlPMEl-l"T FROM VIEW IN ADDITION, THE ADJACENT RllSIDENTIAL APARTMENTS Wll.L NEVER HAVE A DIRECT VIEW OF mlS SERVICE YARD AND PROPOSED AWNING. OUR. REQUEST IN NO WAY "''ILL BE INJURIOUS TO THE NEIGHBORING PROPERTY OR THE PUBLIC WELFARE. :. ~ PROJECT NAME: Woolbright Grill LOCATION: SE Corner of Woolbright & Federal at Riverwalk Plaza PCN: 08-43-45-34-01-000-0012 I FILE NO.: ZNCV 02-011 II TYPE OF APPLICATION:Variance I AGENT/CONTACT PERSON: OWNER: Restaurant Holdings, Inc. Joe Peterson- Slattery & Associates 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 meetin!!: dates: SUBMITTAL / RESUBMITT AL 5/1 0/02 1sT 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: Setback S:\Planning\sHARED\WP\PROJECTS\Woolbright Grill\ZNC'V\02-011\2002 PROJECT TRACKlNG INFO.doc