AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to Citv Clerk s Oftice
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 March 19, 2002
0 I\pnl2,2002
0 April 16, 2002
0 May 7 2002
March 6. 2002 (5:00 p.m.)
o May 21 2002
o June 4, 2002
[ZJ June 18.2002
o July 2, 2002
May 8, 2002 (5:00 p.m.)
March 20, 2002 (5.00 p.m.)
May 22, 2002 (5:00 p.m.)
t\pnl 3, 2002 (5:00 p.m.)
June 5. 2002 (5:00 p.m.)
April 17 2002 (5:00 p.m.)
June 192002 (5:00p.m.)
NATURE OF
AGENDA ITEM
o Administrative
[ZJ Consent Agenda
o Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION Please place this request on the June 18,2002 City Commission Agenda under
Consent Agenda. The Conununity Redevelopment Agency Board with a unanimous vote, reconunended that the subject
request be approved subject to staff conunents and the requirement that the fence be green vinyl coated. For further details
pertaining to the request, see attached Department of Development Memorandum No. PZ 02-107
EXPLANATION
PROJECT NAME:
AGENT
OWNER.
LOCATION:
DESCRIPTION.
Woolbright Crill (ZNCV 02.012)
Joe Peterson, Slattery & Associates
Restaurant Holdings, Inc.
SE Corner of Woolbright Road & Federal Highway at Riverwalk Plaza
Request relief from Chapter 2, Zoning, Section 4.L. - Buffer Walls, requiring a six (6)
foot high stucco masonry buffer wall where a commercial district abuts a residential
district to allow a six (6) foot high chain link fence with landscaping along the
southernmost property line.
PROGRAM IMPACT
FISCAL IMPACT
ALTERNATIVES:
N/A
N/A
N/A
De
City Manager's Signature
'/"v D 7fi-. ~ ~
Planning and ZoningD' ctor City Attorney / Finance I Human Resources
J:\SHRDA TA\Planning\sHARED\WP\PROJECTSIWoolbright GnIIIZNCV\02-0l2\Agenda Item Request Woolbright Grill ZNCY 02-0l2.dot
S:\BULLETIN\FORMS'AGENDA ITEM REQUEST FORM DOC
D~ VELOPMENT DEP ARTl\lENT
PLANNING Ai'lD ZONING DIVISION
MEMORANDUM NO, PZ 02-107
STAFF REPORT FOR
COMMUNITY REDEVELOPMENT BOARD AGENCY AND CITl: COMMISSION
June 4 2002
l\Ieeting
Date:
June 11,2002
FileNo
ZNCV 02-012 Buffer wall
Location:
South side of Woolbright Road,just east of the Rlverwalk Plaza and west of the Intracoastal
Waterway
Agent!
Owner'
Joe Peterson of Slattery & AssociateslRiverwalk Plaza Joint Venture
Project
Name:
Woolbright Grill
Variance
Request:
Request relief from Chapter 2 -Zoning, Section 4.L requiring a six (6) foot high stucco
masonry buffer wall to separate a commercial district from the abutting residential district,
to allow a six (6) foot high chain linked fence with landscaping along the southernmost
property line.
NATURE OF REQUEST
Joe Peterson of Slattery & Associates, agent for Restaurant Holdings, Inc., is requesting a zoning code
variance to seek relief from constructing a solid masonry buffer wall along the south property line that IS
abutting a residentially-zoned property The site is located on the south side of Woolbright Road, just east
of the Riverwalk Plaza and west of the Intracoastal Waterway (see Exhibit "A"-Location Map).
Construction of the wall became a requirement in connection with an application for site plan approval for
a restaurant. The restaurant will be constructed on a property comprised of two irregularly-shaped parcels
(Parcel I-north and Parcel 2-south), which will be combined in order to plan for a 2l0-seat restaurant.
Parcell will be the area where the restaurant will be built and Parcel 2 will be used as a parking area (see
Exhibit "B"-Proposed Site Plan). This request is a prerequisite to placing along the south property line of
Parcel 2, a six (6) foot high chain link fence, with landscaping, in place of the SIX (6) foot high buffer wall
that is required by the City's Land Development Regulations, Chapter 2 - Zoning, Section 4.L..
BACKGROUND
The subject site IS located between the Riverwalk Plaza and 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. The subject site (specifically Parcel 2) abuts to the south a parcel zoned
R-3, Residential Multi-family The code requires a solid masonry buffer wall, six (6) foot high, between
commercial and residential zoning districts.
The following is a description of the land uses and zoning designation of the properties that surround this
site:
Page 2
Woolbright Grill Buffer Wall
File No. ZNCV 02-012
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 Yatch
Club) in the Town of Ocean RIdge zoned Medium Density MultI-family Residential (R.cl\1M); and
'''est: Riverwalk Shopping Plaza with a Local Retail Commercial (LRC) land use and zoned
Community Commercial (C-3).
ANALYSIS
The code states that zoning code variances cannot 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 bv this ordinance to other lands, buildings, or structures in the same zoning district.
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by 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 strncture.
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.
As part of analyzing this request against the above criteria, staff evaluated the impact upon the character of
the existing neighborhood, alternatives to avoid the variance request, and consistency of the construction
of a fence versus the required buffer wall. The city's land development regulations require the erection of
a masonry wall between commercially-zoned and residentially-zoned properties. The location of the
proposed fence is between properties with both designations, hence the requirement for the masonry wall.
The applicant states that: "The property in question abuts an existing "Mangrove" habitat. The purpose of
this ordinance is to provide a visual and noise barrier between the residential and commercial properties."
A six (6) foot high chain link fence supplemented with required landscaping should serve as a reasonable
alternative to create the required separation from subject property and the adjacent wetland (see Exhibit
"C" - Statement of special conditIOns, hardships and reasons for variance request). In addition, the
applicant also indicates that the construction of this wall and foundation could disturb and damage a
sensitive eco-system.
With respect to ownership and use potential, the Florida Inland Navigational District (FIND) owns and
uses the residentially-zoned property to the south as a spoils site. Furthermore, based on previous staff
P3ge 3
Woolbright Grill Buffer Wall
File No. ZNCV 02-012
findings, it has been confirmed that the adjacent property will most likely not be developed, and that there
is insufficient room for a wall. It should be noted that the city's comprehensive plan designates this site as
High Density Residential (10.8 dwelling-units-per-acre) with a conservation overlay, due to the presence
mangroves.
As shown on the proposed site plan, the width of the parking area on Parcel 2 totals 65 feet. Within that
width the applicant is proposing parking stalls on both sides (parking stall dimensions are 9 feet by 18 feet)
with a minimum required driveway width of 24 feet, leaving five (5) feet for landscaping along the south
property line of Parcel 2. The code requires a five (5) foot landscape buffer between a common lot line and
an off-street parking area when a cornmercial district abuts a residentIal district. The code also requires a
six (6)-foot high masonry wall setback two (2) feet from the property line. Within that remaining buffer
width of five (5) feet, a masonry wall and a landscape stnp are required. The strip of land remaining is
msufficient to meet both code requirements. Therefore, staff agrees that the applicant has demonstrated
that approval of this request is the minimum necessary to make possible the reasonable use of the property
Lastly, it should be noted that in January of 2001 the City approved a Similar variance for the Riverwalk
Plaza project, to allow a chain link fence with landscaping in lieu of the required solid masonry wall. This
previous application included similar justifications to the subject application.
RECOMMENDATION
The current use of the adjacent residentially-zoned parcel as a Florida Inland Navigational District (FIND)
spoils site, and the existence of mangroves on this property represent special conditions and circumstances
affecting the requirement for a buffer wall. The FIND site will likely not be developed in the near future,
thereby reducing the need for a solid buffer wall. However, given the current residential zoning, the close
proximity to the waterfront, and the rising value of, and demand for land, the ultimate development of the
land should not be totally disregarded. Similar to the previous wall variance approval for the south buffer
of the plaza, staff recommends as a requirement that the requested fence be replaced by the buffer wall if
and when the adjacent property is ever developed (see Exhibit "D" - Conditions of Approval). The erection
of the stucco masonry wall could contribute further to the disturbance of this fragile eco-system. It should
be noted that the City Forester/Environmentalist favors the fence over the wall to minimize impacts upon
the adjacent mangroves. Also, it is evident that the remaining five (5) foot strip of land represents a
challenge to accommodate both the required landscape buffer and the masonry wall.
Therefore, staffrecornmends approval of this request for a variance from the City of Boynton Beach Land
Development Regulations, Chapter 2, Zoning, Section 4.L - Buffer Walls, to allow a six (6) foot high
chain link fence and landscaping along the south property line, in lieu of the required six (6) foot high
concrete block buffer wall to separate a cornmercial district from the abutting residential district to the
south. To maintain consistency along the southern property line, it is recommended that the proposed fence
be supplemented with the same native hedge material as approved for the Riverwalk Shopping Plaza
ZNCV 00-021
Staff conditions and any other condition(s) recommended by the Community Redevelopment Agency
Board or the Cornmission will be included in the Exhibit "D" - Conditions of Approval.
llSHRDA T A\Planning\SHAREDlWP\PROJECTSIWoolbright Grill\ZNCV 02 01 ~I.slaff rcpon soum buffer wall,doc
Location Map
Woolbright Grill
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WOOLBRIGHT GRILLE
700 WOOLBRIGHT ROAO
BOYNTON BEACH, FL 3:K35
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STATEMENT OF SPECIAL CONDITIONS
~iO 635 [;03
EXHIBIT "C"
5: A.THE NORTH S[DE SETBACK FOR THIS PROJECT HAS BEEN Il'iCR:;ASED DUE TO IT'S
RELATIVE ADJACENCY TO A RESIDENTIAL ZONIJ-.iO Of STRICT HOWEVER, IN THIS CASE,
THE RES[DENTIAL PROFERTY OCCURS ACROSS WOOLBRIGHT ROAD AND THE BRIDGE
eYER THElNTRACOASTAL WATERWAY
B: THE APPLICANT.lS PROPOSr:-lG PARTIAL RELIEF FROM THIS INCREASED SETBACK,
BECAUSE OF THE NATURE OF THE SITE A/';'D THE ADJOINING CONDITIONS. 11' CO-
OPERATION WITH Tf{E G'WNER Of THE ADJO()-iING PROPERTY, MOYI1'G THE BUILDING
TEN FEET TO THE NORTH ALLOWS TE)-iANTS OF THE ADLOiNING SHOPPl~G CENTER A
GREATER VIEW OF THE WATERW..Y
C: THE GRANTING OF THIS VARJA.'ICE WILL IN NO WAY CONfER AN'\' SPECIAL
PRMLEDGES ON THE APPLICANT WHETHER HIS BUILDING IS SHIfTED TEN FEET IN
E1TKERDJaECTION MAKES NO DiffERENCE TO HIM WHATSOEVER.
D: AS STATED ABOVE THE REASONS FOR THE REQI;SET OF THIS VARIANCE ARE FOR
THE BETTERMENT OF AN EXISTING CONDITION.
E: OPENING U? THE VIEW OF DiE WATERFRONT BY TE)-i FEET [5 THE MJ},'IMUW.
DISTANCE TO CREA IE ANY VJ:>UAL.1MPACT FOR THE ADJOINING PROPERTY OWNERS.
F: TliEGRANTlNG DFTHIS VARIANCE WILL. IN NO WAY BE INJURIOUS TO mE ARlOA.IT
DOES MOI/E THE B{JILDING TEN MORE FEET ^ WA Y FROM THE RESIDE:'<TlAL PROPERTY
ACROSS THE WATERWAY, WHILE PRESER I/I?>IG MORE OF THE EXISTING SHOPPING
CENTER TEN"ENTS VIEW OF THE WATERWAY
,
EXHIBIT "D"
CondItions of Approval
Project name: Woolbright Grill
File number' ZNCY 02-012 (Buffer wall)
Reference'
1\ DEPARTMENTS I INCLUDE \ REJECT !
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
P ARKS AND RECREATION
Comments: NONE X
FORESTERlENVIRONMENT ALIST
Comments: NONE X
PLANNING AND ZONING
Comments:
I Replacement of the six (6) foot high fence with a six (6) foot masonry buffer X
wall to take place when residential development occurs on the adjacent
property
2. With respect to consistency with a previous similar approved variance for the X
Riverwalk Shoooine Plaza, the use of a similar native hedee material shall be
,
Conditions of Approval
2
Woolbright Grill
ZNC'; 02,012 (Buffer wall)
I DEPARTMENTS I INCLUDE ! REJECT !
required, preferably Cocoplum.
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD
CONDITIONS
Comments: The proposed six (6) foot high chain link fence shall have green X
vinyl coatin~.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
3 To be determined. ~ 1'\..- ,.,
LJ I
MDN
J \SHRDATA\PLANNrNG\SH.A..REDIWP\PROJECTS\Woolbrighl Gril~CV OZ.OlZ\CClndilion5 of Approv31 doc
DEVELOPML..T ORDER OF THE CITY COMMIl:._.ON OF THE
CITY OF BOYNTON BEACH, FLORIDA
lJu.>
~
Woolbright Grill (ZNCV 02-012) 0/ Pi z,
Joe Peterson of Slattery & Associates/Restaurant Holdings, Inc. ~
PROJECT NAME.
APPLICANT'S AGENT
APPLICANT'S ADDRESS. 2060 NW Boca Raton Boulevard, Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
June 18, 2002
TYPE OF RELIEF SOUGHT Variance requested on a buffer wall.
LOCATION OF PROPERTY South side of Woolbright Road, just east of the Riverwalk Plaza and
west of the Intracoastal Waterway
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent 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 Commission 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 City's Land Development Regulations.
2. The Applicant
K 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 "C" with notation "Included"
4
The Applicant's application for relief is hereby
.x 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.
7
Other
All further development on the property shall be made in accordance with the terms
and conditions of this order \\\\1111 II 1/I/IIIfff
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO, PZ 02-058
TO: Janet Prainito
City Clerk
FROM: Michael W Rumpf
Director of Planning and Zoning
DATE: May 22,2002
SUBJECT: Woolbright Grill-Zoning Code Variances ZNCV 02.008.
a) Cantilevered awning projecting in rear setback;
b) Reduced side-yard setback;
c) Cantilevered awning proj ecting in side setback;
d) Six. foot high chain link fence in lieu of masonry buffer wall.
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced case. Checks in the amount of $700.00 to cover the review and processing
of this application have been forwarded to the Finance Department.
The legal advertisement for this request will be forwarded to your office after review by the City
Attorney The requested variances are scheduled for the June 11, 2002 Community
Redevelopment Agency Board meeting, and the June 18, 2002 City Commission meeting. Please
advertise in the newspaper and send notice to property owners accordingly
J:\SHRDATA\PlannlngISHAREDlWP\PROJECTSIWoolbrighl Grill\ZNCV 02-008\Legal notice.doc
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the COMMUNITY
REDEVELOPMENT AGENCY BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as
indicated, under and pursuant to the provisions of the zoning code of said City-
Owner:
Restaurant Holdings, Inc.
Request:
Relief from Chapter 2, Zoning, Section 4. J 8, to place 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
of7.5 feet for a restaurant in a C-3 zoning district.
Request:
Relief from Chapter 2, Zoning, Section 6.C.3., requiring a minimum side setback
of thirty (30) feet, to allow for a variance often (10) feet, and a side setback of
twenty (20) feet for a restaurant abutting a residential ZOlle in a C-3 zoning
district
Request:
Relief from Chapter 2, Zoning, Section 4. J. 8, to place 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 pennitted by code, allowing an additional overhang
of 5.5 feet for a restaurant in a C-3 zoning district.
Request:
Relief from Chapter 2, Zoning, Section 4.L Buffer Walls, to allow a six (6)
foot high chain link fence with landscaping along the southernmost property line
in lieu of the required six (6) foot high stucco masonry buffer wall to separate a
commercial district from the abutting residential district.
Location:
South side of Woolbright Road east of Federal Highway and directly west of the
Intracoastal Waterway
Legal:
Rousseau Subdivision Plat Book I, Page 14, Block 1, lots I and 2
Descriotion Parcell.
All that part of lots 1 and 2 of Rousseau's subdivision, lying adjacent to the
Intracoastal Waterway as recorded in Plat Book 1, Page 14, Public Records of
Palm Beach County, Florida, except that part taken for S.E. 15'h Avenue; and
containing 0.4623 Acre more or less.
Descriotion Parcel 2:
A tract of land in the southeast comer of lot 2 of Rousseau's subdivision, as
recorded in Plat Book 1, Page 14, Public Records of Palm Beach County,
Florida, containing 0.2289 acre more or less.
Complete legal description on file in the Planning and Zoning Division, 100 East
Boynton Beach Boulevard, Boynton Beach, Florida.
A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY BOARD WILL BE HELD
RELA nVE TO THE ABOVE APPLICA nON AT CITY HALL, COMMISSION CHAMBERS, 100 E, BOYNTON
BEACH BL YD" BOYNTON BEACH FLORIDA, ON TUESDAY, JUNE 11, 2002, AT 6:30 P,M,
All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written
comments prior to the hearing date. Any person who decides to appeal any decision of the Community
Redevelopment Agency Board with respect to any matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which
record includes the testmiony and evidence upon which the appeal is to be based.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a
disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by
the City Please contact Patricia Tucker (561) 742.6268, at least twenty-four (24) hours prior to the program or
activity in order for the City to reasonably accommodate your request.
PUBLISR
THE POST
May 28, 2002
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION (561) 742-6260
REQUEST FOR PUBLISIDNG
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or Legal
Advertisement published and must be submitted to the Office of the City Attorney two (2) working days
prior to the first publishing date requested below
ORIGINATOR. Planning and Zoning
PREPARED BY Michael Rumpf DATE PREPARED' Mav 22,2002
BRIEF DESCRIPTION OF NOTICE OR AD' Four (4) Zoning Code Variances for Restaurant Holdings,
Inc.. (1) to place a cantilevered awning on a building wall proiecting ten (10) feet in the required twenty
(20) foot rear setback in lieu of the 2.5 feet permitted bv code. allowing an additional overhang of 7.5 feet:
(2) to allow a side setback of twenty (20) feet in lieu of the thirtv (30) feet permitted bv code: (3) to place a
cantilevered awning on a building wall proiecting eight (8) feet in the required thirty (30) foot side setback
in lieu of the 2.5 feet permitted bv code, allowing an additional overhang of 5.5 feet: and (4) to allow a six
(6) foot high chain link fence with landscaping along the southernmost property line in lieu of the six (6)
foot high masonry buffer wall required bv code. for a restaurant in a C.3 zoning district. Community
Redevelopment Agencv Board meeting to be held on June I L 2002, at 6.30 p.m. at the City Hall
Commission Chambers 100 E. Bovnton Beach Blvd.. Bovnton Beach Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS. (Size of Headline, Type Size, Section Placement,
Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO' All property owners (postmarked Mav 28. 2002) within 400-foot radius of
the subiect property. applicant and Director of Planning and Zoning.
NEWSP APER(S) TO PUBLISH. The Post
PUBLISHED' Mav 28. 2002
LAST DAY TO FAX TO THE PAPER BY 3'00 P.M.. Mav 24. 2002
APPROVED BY
(I)
(Originator)
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK.
COMPLETED'