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
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WOOLBRIGHT GRILLE
700 WOOLBRIGHT ROAD
BOYNTON BEACH, FL 33435
CITY OF BOYI;lTON BEACH, FLORIDA
~
a SLATTERY AND ASSOCIATES
AFlCHITECTS f'I.ANN8\S
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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