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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 ...~.. i [);j \1 /" February 23, 2004 www.boynton-beach.org Mr John Therien 900 East Atlantic Avenue, Suite # 12 Delray Beach, FL 33441 Re: For' File No. Location: Dear Mr Therien: Zoning Code Variance Woolbright Grill ZNCV 03-028 700 Woolbright Road Enclosed is the City of Boynton Beach Development Order for application item ZNCV 03-028, which represents approval for the Woolbright Grill zoning variance requested for rear yard setback reduction, This request is for the relief from the City of Boynton Beach Land Development Regulations, Chapter 2, Zoning, Section 6.C.3, requiring minimum rear yard setback of twenty (20) feet, to allow for a variance of twenty (20) feet, and a rear yard setback of zero (0) feet for a restaurant abutting a residential zone in a C-3 zoning district, The City commission approved this variance on February 17, 2004, Please indude a copy of this letter and Development Order when you submit your application for permitting at the BuildIng Department. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742- 6260. Sincerely, r Michael W, Rumpf Director of Planning & Zoning MWR:ad Attachment: Development Order Conditions of Approval S:\Planning\SHARED\WP\PROJEcrs\Woolbright Grill\ZNCV\Approval form letter after CC new-Zoning(ZNCV).doc DEVELC'-lIJIF"T ORDER OF THE CITY COIV'.'IS""QN OF THE l)e.1/ c,.. Y OF BOYNTON BEACH, FL"-,<IL.... ..;P~, Z- Enq Woolbright Grill (ZNCV 03-028) iO Id.o., Dee. r.t'c.. 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: February 17, 2004 TYPE OF RELIEF SOUGHT Variance requested for rear yard setback reduction. 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 Community Redevelopment Agency, which Agency 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: DATED: 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. rn!~~~~JI~rr: nlf ~II lU I iFEB 2 0 2004 l! I j established by substantial competent evidence a basis for the relief rM\,le$IeQ.'T C'!' ['eve; "r"" The Applicant ...........HAS HAS NOT 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 """"""'-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. All further development on the property shall be made in accordance with the terms and conditions of this order 7 Other .a-~o-o4 S:\plannlngISHAREDlWPlPROJECTSIWoolbright Grill\ZNCVIO , """, ...., Location Map Woolbright Grill EXHIBIT "A" 1ITdJj1 1 ,; ":~ m..~..:;," . ~;. ~~ . '" i '~~ _-1 ,_ ;' I /' lJ ct 400 , o 400 Feet , s . ~ ~flIL~iji III O::I (p-l '~Cl~~~ o~nO jOmvm - (p ~ &2'.'.",- - LV~ --I l>O ii~ I:~ r- r- ~~ ~ ~ ~ EXHIBIT "B" m I ~ ~ ! I I . I I I I II ~ ,I ,I I' I I I , I I I I ,\ 1 . RIm ~ l>~ I I~i i -e' I t~ ~J ( I \ I~'~ ~ ., II B Ii f 1~1~ } It t II ~U" , Hl~ .1> .. . '* , '"~ - I I I D \ l i t I f I I ! i I [ i I I ~ ! ! :!J ~ ~ 'TI 5 o ~ '"tl S; :z \ ~ a ~. J'. ~ , "- ;; t " q ),> ~ II SLATTERY AND. ASSOCIATES -- . ...... a~= :: == p 'I Ii le'li> ~ liltit -Iii . EXHIBIT "e" SLATTEnV' and ASSOCIATES ARCHITECTS PLANNERS Erik Johnson, Planner City of Boynton Beach 120 E. Boynton Beach Boulevard Boynton Beach, FL 33435 December 1, 2003 Re: Woolbright Grille Dear Mr Johnson: The following is a justification for the requested variance. · Variance relating to the awning at the east side of the rear setback. (Section 6-C.3). This request is to allow an awing structure 20'-0" into the east rear setback to cover outdoor seating. The east rear setback contains a deck seating area abutting the Intracoastal Waterway This area already has an approval for an awing structure to extend ten feet into the setback. The physical configuration of the property on which this restaurant is located is very unusual in nature. It tapers sharply from north to south, creating a very shallow east to west dimension. The design of a building on this site allows for no additional room for a large roof overhang. The enlargement of this awning will not affect or impeded any views from neighboring properties. It should not only provide further protection from the elements for the patrons, but also reduce the amount of light and sound transmission across the waterway I trust the infonnation provided above satisfies the requirements for a 'Statement of Justification" for this variance. Please feel free to contact me should you have any questions regarding any of this infonnation or this submittal. JP:cl 2060 NW Boca Raton Blvd., sune #2. Boca Raton, Rorida 33431-7414. (561) 392-3848. Fax (561) 392-5402 lie #AA 0003381 EXHIBIT "D" Conditions of Approval Project name: Woolbright Grill File number: ZNCV 03-028 (Rear Setback variance) Reference: DEPARTMENTS 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 PARKS AND RECREATION Comments: NONE X FORESTERJENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: I. Setback relief only applies to subiect awninl! and not anv other structure. X Conditions of Approval 2 Woolbright Grill ZNCV 03-028 Rear DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: I To be detennined. MDAJ S:\PIanningISHARED\WI'\PIlOmcrS\Woolbight Gn1l'IZNCV\03-028\COAdoc