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AGENDA DOCUMENTS CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl! Dates in to City Clerk's Office Meetimr Dates in to City Clerk's Office 0 December 2, 2003 November 17,2003 (Noon.) 0 February 3. 2004 January 19,2004 (Noon) 0 December 16, 2003 December 1,2003 (Noon) [8] February 17, 2004 February 2,2004 (Noon) 0 January 6, 2004 December 15, 2003 (Noon) 0 March 2, 2004 Canceled February 16. 2004 (Noon) 0 January 20, 2004 January 5, 2004 (Noon) 0 March 16, 2004 March 1,2004 (Noon) 0 Administrative 0 Legal NATURE OF 0 AnnoWlcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation [8] Consent Agenda 0 Public Hearing 0 Code compliance/Legal Settlements 0 UnfInished Business RECOMMENDATION: Please place this request on the February 17, 2004 City Commission Agenda under Consent Agenda. The Connnunity Redevelopment Agency Board with a 6 to I vote, reconnnended that the subject request be approved, subject to the requirement that relief only applies to the awning and not any other structure. For further details pertaining to the reques~ see attached Department of Development Memorandwn No. PZ 04,026. EXPLANATION: PROJECT AGENT OWNER: LOCATION: DESCRIPTION: Woolbright Grill (ZN CV 03-028) John Therien John Therien 700 Woolbright Road Request relief from Chapter 2, Zoning, Section 6.C.3, requesting a minimwn rear yard setback of twenty (20) fee~ to allow for a variance of twenty (20) fee~ and a rear yard setback of zero (0) feet for a restaurant abutting a residential zone in a C-3 zoning district. PROGRAM IMPACT: FISCAL IMPACT ALTERNATIVES: City Manager's Signature tor ~~~:r City Attorney / Finance / Human Resources S:\PJanning\SHAREDlWP\PROJECTSIWoolbright GriIlIZNCV\03-028IAgenda Item Request Woolbright Grill ZNCV 03-028 2,17-03.dot S:\BUllET1N\FORMSIAGENDA ITEM REQUEST FORM.DOC DEVELOPMENT SERVICES DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 04-026 STAFF REPORT FOR COMMUNITY REDEVELOPMENT AGENCY BOARD AND CITY COMMISSION February 10, 2004 Meeting Date: February 10, 2004 FileNo: ZNCV 03-028 - Rear yard 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: Relief from Chapter 2, Zoning, Section 6.C.3., requiring a 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 awning in a C-3 zoning district. BACKGROUND The site is located on the south side of Woolbright Road 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 (see Exhibit "A" - Location Map). In June 2002, the project was approved based on a site plan with several corresponding variances, which included a side setback reduction along the north property line, substitution of the required buffer to a landscape buffer, and encroachment of the cantilever awnings on the north and east sides. The awning variance specifically granted relief against the awning setback restriction, thereby allowing an awning to extend 10 feet into the rear setback, a 7.S-foot increase from the maximum allowed of 2.5 feet. Site Plan approval included the construction of a two-story 7,829 square foot "High Quality - Sit Down restauranf 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 (ParceI1-north and Parcel 2-south), which are combined in order to accommodate a 210-seat restaurant. Parcel1-north has a triangular shape, is the parcel on which the restaurant was constructed, and is the subject of this variance application. This variance application is for the awning located on the east side of the restaurant building. This proposed awning would be supported by concrete piles and would cover an outdoor seating area for the restaurant (see Exhibit "B" - Revised Site Plan). 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 and zoned Multi-family Residential (R-3); Page 2 Woolbright Grill-Rear Yard Setback File No. ZNCV 03-028 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 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 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 by 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 structure. f. That the granting of the variance will be in hannony 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. g. For variances to minimum lot area or lot frontage requirements, that property is not available from adjacent properties in order to meet these requirements, or that the acquisition of such property would cause the adjacent property or structures to become nonconfonning. The applicant for such variances shall provide an affidavit with the application for variance stating that the above-mentioned conditions exist with respect to the acquisition of additional property Exhibit .C. contains the applicant's response to the above criteria. Staff concurs with the applicant's response to criteria MaW above that there exist special conditions peculiar to the subject parcel, namely location of the lot and site constraints. 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 with an adequate floor plan (to be economically feasible) and to minimize the need of a variance. Furthermore, an existing storm water utility line that dissects the property was to be relocated, and the building shifted southward. The existence of the utility line, and the configuration of the lot prevent full use of Page 3 Woolbrlght Grill-Rear Yard Setback File No. ZNCV 03-028 the subject parcel. However, these unique characteristics were justified when this property was proposed for development in 2002. By constructing the restaurant with the corresponding variances, staff acknowledged that the special characteristics were surmounted and justified by the site plan. With respect to criteria "b" above, this condition is met "if the need for the variance is not created by actions of the applicant" This project is under construction as site plan approved. Instead of constructing the cantilevered awning (east) as approved, the applicant propose to extend that awning out to the property line thereby fully covering the approved outdoor seating area. Although the subject parcel is unusual in shape, this specific request has been initiated for the sole expansion of a previously approved awning. Therefore, the applicant, solely for individual benefit, has generated the circumstances. With respect to item MC., given that the property has been approved and is under construction for a permitted use (restaurant) in the G-3 zoning district, approval of this variance request would grant special privileges to the applicant, by allowing possibly an increase in the building envelope. Accordingly, denial of this variance request would not deprive the applicant of the rights already enjoyed by others. Therefore, criteria Mc.is not satisfied. The subject property is being improved with a restaurant building with the minimum requirements, and developed by maximizing the site. As such, this request does not represent the minimum necessary to make reasonable use of the land, structure or building. Therefore, since "reasonable" use of the land has been proven, this variance is not justified, and criteria "e" is not met. With respect to impacts on the area, and criterion "f' above, the project is separated from nearby properties by significant distances and barriers (e.g. the Intracoastal Waterway). Furthermore there is not a streetscape with a continuous and consistent building setback pattern against which the proposed setback deviation would conflict. Staff understands that the proposed awnings will not impede any views nor jeopardize the safety of the public. Therefore, the impacts upon abutting properties are immeasurable. However, approval of the variance along the rear (east) property line would allow the applicant, unless restricted to the awning and not the building, to potentially increase the outdoor seating area or even expand the building square footage which may not be supported by sufficient parking spaces. It should be noted that the present use does not provide a surplus of parking space, but only the minimum required by code. Criterion "g" is not applicable to the subject request. CONCLUSIONS/RECOMMENDATION Staff recommends that the request for Chapter 2, Zoning, Section 6:C.3., requiring a 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 awning in a C-3 zoning district, be denied due to the lack of traditional hardship, and due to the circumstance being created by the applicant. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission would be placed in Exhibit "D" If the SUbject variance is supported by the Board and Commission, the approval should be restricted to the awning setback to prevent the eastward expansion of the building as well. MDAlMR S:\plannlngISHAREDIWPlPROJECTSIWoolbright Grlll\ZNCV\03-028\ST AFF REPORT.doc Location Map Woolbright Grill EXHIBIT "A" lJ.lill ' Jll1W ;",:,,~' _-1 . I , I ; 'I ! / 1 f __ L-1 m.. ., I ~i ..:~$ . : '; ~~:l " 400 o 400 Feet I s r9i11ft~ ~ 0 lP' =! ~~~~~ 0........0 j!!mvm ~ &2.-'.....- -' - :z: 0 3:"'" -4 :1>0 --13: C'l c. J:~ r r ~e J ~ ~ EXHIBIT "B" m ~ ~ -+- , -- I -- --- '.--. I , i i 1 . RIm ~ ~,! \ -e' I ~ ~1 ~~ I . I I I I I I ~ I I I I .1 I -.' I. I I I II I , I I I I II -l. \ I ., , , ~~'\~" '~, ,. , ~ , , , ' " \ , \ lJ~ . ~~, \ -... \ \-;uS\~l)~ , I~ \~rnQ \ \ \~~ I \ ,r 11 \ \ rAl..... I ' ,1Il~ \ ~.~ ~\ ~ ~ 'j !!l 9t~\ I ( \ ~~.~~. \ I . Ilf:1 ~' ~ ~~ 11 \. I ~t"\~ I . , I ." )> ......:::tl n ", r- ~!!! ~-< j{Jm lJE 3:~ ~;:q 0>:1> 2~ ~J ~~ gill .....0> '- J:. ;::!l ;;0 , Iii" :B ~ l " I !i II 5 I I> I, " ii! 0 ;;0 'll I , ~ I I :2 ~I~ !I 51 >> , ~~~ ~~ I , ~ i n ~ I ~ J J ~ 0\ .', , , ! q ! . . EXHIBIT "B" I 'I' 111,1 i 1t f } \ .1> % ~B ! cl r ' ~ o :, !I " :1 No ,'- '/I 'tl i"~' - i~'" II' J] ..:- I .~ f - ~ -:. =... )f .-- '" ~ ?: 111l!! !I III t i Ii o . I II: o J!I '"'''' 0010 . ),> i:p; , ~I ~ I WOOLBRIGHT GRILLE ~~~~33435 1-1- ~"':"'.=~'" .. H=.....-.-"'" '::=:1= %.", ~ llllit _111 i CITYOF' ~ON BEACH, Fl.OAlOA, EXHIBIT "e" SLATTERY 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 information 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 information or this submittal. JP:c1 2060 NW Boca Raton Blvd., Suite #2' Boca Raton, Aorida33431-7414. (561) 392-3848' Fax (561) 392-5402 lic #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 FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Comments: NONE X ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: 1. Setback relief only applies to subiect awninl! and not anvother structure. X Conditions of Approval 2 Woolbright Grill ZNCV 03-028 !Rear vard setback) DEPARTMENTS INCLUDE REJECT ADDITIONAL CITY COMMISSION CONDITIONS Comments: I. To be detennined. MDN S:\l'Ianning\SHARED\WP\PROJECTS\Woolbright GnThZNCV\03-028\COA.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aaenda reauest (with back uDl to the City Clerk's office. Items must be submitted by the deadlines indicated below Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates December 2 2003 December 16 2003 Janua 6 2004 Janua 20 2004 Februa 3 2004 Februa 17 2004 March 2 2004 DMarch 16 2004 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office -P&D - CRA Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' Please do not write in the shaded area below. Legal Slgnatu Incomp Missed other Reason: Personcontactedtopit:k1,lpreiactedrequest by bg , 7/19/02 S:\Planning\Planning TemplateslAgenda Item Cover Checklist Dee 2 . March 16.doc on (Date) 't) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN lhat 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 6.C.3., requiring a 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 awning in a C-3 zoning 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 I, lots I and 2 Descriotion Parcel I. All that part of lots I and 2 of Rousseau's subdivision, lying adjacent to the Intracoastal Waterway as recorded in Plat Book I, Page 14, Public Records of Palm Beach County, Florida, except that part taken for S.E. 15lh 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 I, 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 RELATIVE TO THE ABOVE APPLICATION AT CITY HALL, COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH FLORIDA, ON TUESDAY, FEBRUARY 10, 2004, 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 testimony 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. PUBLISH. CITY OF BOYNTON BEACH PLANNING AND WNING DMSION (561) 742-6260 !I~I ~ ~ ~ D W ~ fnj .... .:-WJ3~ THE POST January 26,2004 ~~_'~ l"l~i!~.~~~rN1 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 04-023 TO: Janet Prainito City Clerk <? \\l<i\- Michael W Rumpf Director of Planning and Zoning FROM: DATE: January 21,2004 SUBJECT: Woolbright Grill-Zoning Code Variance ZNCV 03-028: Rear setback variance for a restaurant awning encroaching into the rear yard. Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A Check in the amount of $400.00 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 variance is scheduled for the February 10, 2004 Community Redevelopment Agency Board meeting, and the February 17, 2004 City Commission meeting. Please advertise in the newspaper and send notice to property owners accordingly S,IPlanningISHAREDI WPIPROJECTS\ Woolbright Grill\ZNCV\03-{)28\Legal Notice.doc REQUEST FOR PUBLISHING 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' January 21. 2004 BRIEF DESCRIPTION OF NOTICE OR AD' Zoning Code Variance for Restaurant Holdings. Inc.. to allow a rear setback of zero (0) feet in lieu of the twenty (20) feet reauired bv code for a restaurant awning in a C-3 zoning district. Community Redevelopment Agencv Board meeting to be held on February 10. 2004. 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 January 26. 2004) within 400-foot radius of the subiect properlY. applicant and Director of Planning and Zoning. NEWSP APER(S) TO PUBLISH: The Post PUBLISHED' January 26. 2004 LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.. January 23.2004 APPROVED BY (1) )lr.)~~ (Originator) /-.,?..:s --0 r (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK. COMPLETED' 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 6.C.3., requiring a 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 awning in a C-3 zoning 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 I, lots I and 2 Description Parcel I. All that part of lots I and 2 of Rousseau's subdivision, lying adjacent to the Intracoastal Waterway as recorded in Plat Book I, Page 14, Public Records of Palm Beach County, Florida, except that part taken for S.E. 15th Avenue; and containing 0.4623 Acre more or less. Description 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 RELATIVE TO THE ABOVE APPLICATION AT CITY HALL, COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH FLORIDA, ON TUESDAY, FEBRUARY 10, 2004, 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 testimony 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 10 lhe program or activity in order for the City to reasonably accommodate your request. PUBLISH: THE POST January 26, 2004 CITY OF BOYNTON BEACH PLANNING AND WNING DIVISION (561) 742-6260