Loading...
REVIEW COMMENTS 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 File No: ZNCV 03-028 - Rear yard setback. Location: South side of Woolbright Road, just east of the Riverwalk Plaza and west of the Intracoastal Waterway Agentl 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 5-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 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 1-north and Parcel 2-south), which are combined in order to accommodate a 210-seat restaurant. Parcel 1-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) / 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 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. 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 nonconforming. 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 "a" 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 Woolbright 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 "e", given that the property has been approved and is under construction for a permitted use (restaurant) in the C-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 "e" 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 "r' 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:IPlanningISHAREDlWPIPROJECTSIWoolbright Grill\ZNCV\03,0281ST AFF REPORT.doc Location Map Woolbright Grill EXHIBIT "A" ~ ~_~.:::i'---' .~i~ I i -\ Ii IXOR . cAY Ti-~\Il i I i I , 'II, 1_; I -iiLs --~ 400 o II II - -- I ~ j I lityBoandary1'n' I -. I Ir i b 'i ie I II ! --=::=Jc=. ' i iL -----~-/ I ~:J I~ j.. :il I' ur: I r--- , 'rill 1,;1] i! I I'; " I"~!il- I I; i:- 'i I 'j 'i "I~l I u~ i 02 N 400 Feet W~E ( s V \1 III ~'" m()iIlZX !:amG\(ji <:1 -l ~8~~~ -<):>mO CJ-lCJrn iIlm (J> =< rn -- ,:; l> In ..... w. ZO::II ... ):>() -l::I Oc I:E ):> r r Q m r =< m ill -< !;:l'."+!- D ~ ~::I ):>rn -l -- '- -+ -__ I --.--- \ \ \ \ , \ 1 \ '~ ,ltJ ( \J ... ~ . ... ... .- ~ I I I I Jm! Z iIlm I rn ):>r E E - I ~ ~~ : I ~ l:: II ,- & . ~ ""IJ ::u o ""IJ ::00 J'Tlll) lI)l'TI -Ie )> C-I ::o~ )>0 ZI -Ill) -I o ::0 -< 2.-". OJ.l. + c ..... '" u. c . :z :O! Q :z :c: !='~ m):>I: ZO):> -lOZ iIlmQ -<(J>- -0 llJ):> r"'U m WI_I" ~ I :lrD'-/D' I SE'l5ACl< I O>iilI: ma):> Oc.Z '"'-lQ ()m- z_O Z):> ./>.O"'U l>>a):> ""::IO ./>."'UO . rm \\"-0> Ol>o> Z- "OllJ "mr )>em 0' <- ):> 0> ):> ~ z (;I UJIJ <a ma ill" I: ):> ~ I () ~ EXHIBIT "B" ~ 0> 0> o iil (J> .::I~ o 'Tlt~ ~, o>m I m X )>.- I IE~ I ):>- I :::~ ~'-.e. ~ 1 I~ I I t~ " ~~ . . . . . .' ~ .' "'Urn . I l> ~ ~. I 0> I I .1 ~Ci .1 I I I I . I I' . I -I- \ I \, , , ~".. " .. .. .. .. 'L ,\'- ;~ .....-s.... ", , '__ 01", "".. \ .. \ Q~ m~r' '~):> J;\7l~' g~ \la I mCJ " I, 0>- I" 1\0>0 I iii~ I ,r I ,m I \~;ij .~ , 1 () ):> (J> lJ:r:I 1M (J> I: ):>)>.1 \ljI: m ~e' ~ r '"'Sl-_I II! I f~~~ \!1/ I ~.}l5!:"'U I ",,'f? 21...tDU OJ.!. ""IJ )> .....::0 (') J'Tl r- j 2t1j1<_I' Z~~ I I' ~ ~~.~~ I: ~ J.> . r. ),. I' ~~ ~ I tr . '(J>~ I, mm ,mE I I r"'U.....~ I ~; ~.)>~ , l>Z !:,2.~ , "'U.... "<.:5- , m~ O~~. If g ~>~ "I G\ ~H /, ~ -(I, I .t. U I..' .Q\~ .,': :1 ,,< 0- iU~ Q- -~ :r ~~ 0>):> 0'"' z"1T mO Q~ r..... ):>0> -<m am Co> ::j :c" ~ .:.~ ,~..~ jJ ~ ~ JI i i . i / I I i i ~ i , I i 1 _ 7i11~, ~ 'cl !'l~: @),I ffi ,,~i, , ~f ;.....1 " i !Ill : l; ~ ~~ pq ~ ' . i'~ , : !hi i i I, lil~~,n~' " ~, I ~- ~'I!ILL Ll.JF "<, - ".~. ~~ .- I ; ',J' .J~ 19~ .- .- ; ,I r! . , l' r~ ,- 1"\81 rT1 ~ II' ! rj ~ !; i ;~ :: i . .~~ ,I! '!~ tl _~ ~~ i ;~ >r~: ~ ~ ! I i If;j ~.... 11 1!"11 ~ II 1lir 1 't' t - ~ III ~'!~i ~' i M i ! Ii Ilg b II" Ii! _ nUi-'" ____n. nn1 ' ::1 i .J ~ il~~ U!" 1'1 ~~: (I' ,b~~~ ~ ..' ;.,' Ifji ~. '-' ~,," ~ '-a/'~' 'lI.~' li 'S: t.... \!V 1 ~ t " <d ~. ~:l "Ii l ~"I I 110.1 ,rr~'" ,---- -- - ~ l!t' t - U 1 . --. ..' lJ ..~/ ~1;1 :,.mmm~n_'1 ~,;$," "ii ~ rill! ~l ,;~ ,~';=8 >it' ~r J l're ~ ~ I:':~~]; liHi j~ i!!T ~ "'\1"l~Jo ~ '-' ~ I Ii, , I'i _,. _ ~I' I nl'" l 9.~. I ,I I ~<1>' ::fJ l; r '''~1 ~l 1\1 U '-I( I ~ ~~! !ji, ! '.. "Jl;j ~:.:r "1 II I. ,II j, 01- '. 'I ~ 11,f l . ri[ (;, " , . /" I II ~",jl. _ .~ di~ '1'1 0 0 . !11i! il! ;~ ii ~!i ill,: '.. -- - :----- ;!.' ',," n $~ f'--' ~ l!5t 0 -'", ,I~ ! i I ,. ~ ~i I~ I . 'i ~p . . ~ '&.' , It , o"J n I Ix ~G > Rtr6j-' -Ii I, ~~ 0;. ""Ii I It " ~ i={ "'~ ,:r>- ~ ll~ 11 ~~ 1; 111 'P; ~ _..1. t ~ , 0" ~ · ~ '/ i'.~:' M.~:~: "~!~.~ Q It" ~~" " ~ , l .'@" ]'."oJ ~H, i~q~: ili~ it ~lli7f=rt\ , l~t I- "/ ~ /!!I~i 1. . Ii . I . , n I :, I ~~, I ~. ;i'1'~~( '. I' I ~ I',l'!! '111 ~'o'r' 1f:..! ~I .: l v ~',"l ' r" ""I 'I ' l!,. .,' ~.~, ' 12:l ~ ~!i, ~ "j- '!I' ~ .' "\ ,- r~ I II< ' ~ ~ - ;:. - ClP'~.,.I':'" ~ 'i . if i ~,~ I I, .. ..' u c ~"'!'I'I >.," '11.1 j '1'" , ~ I' ".1 ,Ia .;\, @ ~ ."j!1 :iii ' c I'll ; ?J I" - ,. f- '~'..!K r ..~ \'.Ilili... '~! fi..i . I o I I" 1 ~\( Wi!' ----Ii@). +c,:('; >, ~ 1'1 U :', ,;. ~ ~l ~. 0 j,: '!: 0 " ,:;'- '.~~ ~H @ 1 ~ @!:oJ ,~1 ~ ~' ti i!lli-~!~ e l:= ii t @ i....... !l i\; {' 1 .~ .2t .J!' -'-3- .1 , ~ l~ b~,' ~~~s" N ,,~~~I'" 1 I 1/ ,I ~_,I I; It- u~, \ .... II 11 I eb ,~, ~ EXHIBIT "B" ; -----(- I II ., ltl' " m ->1 I lQ I I ltll i I:~ I i tlii~! , .iH I ...'" I'" '.' ~~ ~~ ~~ ~~ 2 ~ ~ : ~ (; i ~ ~ ..~ !. ~ , > r ,I " " ., ,. . , '-1'.',[.'" ... ~-' ...~ ........"'''' FIRST FLOOR P Ai: . ,'_.C f" 'I ~ ""I""l'i '-i ~~~- , . ':- J $i- ~~ 0 1 ~1~1,' :1 '"I ce.,.." ~ 01 ,= 'n ' k r 0~-=; 4 ~J..... 0 II: 4'=---==['''.,:-'~ \...'--:d.~ :i '1",1. 'iCO., ~~ ./iC\ /,i {!I: ~ '~ l' ~v I ill %~~ j 0 \L ._li~i~i )> !"~!~, ,1;1 ~ ~J~~- ~ WOOLBRIGHT GRILLE 700 WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 CITY OF BOYI;lTON BEACH, FLORIDA ~ a SLATTERY AND ASSOCIATES AFlCHITECTS f'I.ANN8\S ................-..."'. .....(..,)...-.... ........_,"""""'>><30 "" (..1):>0>-"""" H!'[l,[l, fl~fl i Iii! !lId : ~ .. 4 l-\ '-\ '-\ ~.~ ~ , 'l::\"'Cl>.l>J 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'cl 2060 NW Boea Raton Blvd., Suite #2. Boca Raton, Florida 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 UTILITIES Comments: NONE FIRE Comments: NONE POLICE Comments: NONE ENGINEERING DIVISION Comments: NONE BUILDING DIVISION Comments: NONE PARKS AND RECREATION Comments: NONE FORESTER/ENVIRONMENTALIST Comments: NONE PLANNING AND ZONING Comments: NONE ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD CONDITIONS Comments: I To be determined. Conditions of Approval 2 Woolbright Grill ZNCV 03-028 (Rear vard setback) I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1 To be determined. MDA/ S:\PlanningISHAREDlWPIPROJECTSIWoolbright GriII\ZNCV\03-028\COA.doc