LEGAL APPROVAL
CD
DEPARTMENT OF DEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
June 25, 2002
Mr Joe Peterson
Slattery & Associates
2060 N.W Boca Raton Boulevard
Boca Raton, Florida 33431
RE.
FileNo..
Location:
Woolbright Grille
NWSP 002-004
Woolbright & Federal (SE Comer) Riverwalk Plaza
Dear Mr Peterson:
Enclosed is the City of Boynton Beach Development Order for site plan approval granted
on June 18, 2002, by the City Commission. Site plan approval is valid for one year from the date
of final approval. In order to maintain vested status, a building permit must be secured or an
extension granted within one year of final site plan approval.
To continue this project through the development process, please revise relevant pages of your
approved site plan to incorporate all conditions of approval as applicable. The full rectified site
plan set is to be submitted as part of your permit plan package to the Building Division. The
person managing your permit applications should be made aware of any additional documents
and third party letters listed in the conditions of approval that need to be submitted with your
permit package. Please also recall that a condition of approval requires the processing of a minor
site plan modification application for the Riverwalk Plaza project. A permit will not be issued
prior to approval of this request for a minor site plan modification to the Riverwalk Plaza plan.
The Building Division is committed to speedy and efficient completion of the building permit
process for your project. However, please note that failure to meet all applicable development
order conditions in the submitted rectified plan set may produce unnecessary delays in permit
issuance. Feel free to contact any TRC member for additional clarification of comments(s).
ImDortant: If you plan to introduce any changes to your approved site plan over and above those
required bv conditions of approval. please contact our staff before submitting a permit package
to the Building Division. All modifications to the site plan must be evaluated by our staff and
processed accordinglv
Should you have any questions regarding this matter, please feel free to contact this office at
(561) 742-6260.
Sincerely,
T~
Michael W Rumpf
Director of Planning & Zoning
MWRlad
S:\planning\SHARED\WP\PROJECTS\Woolbright GriJ1\NWSP 02-004\Site plan approval letter after CC.doc
City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 3342S.{)310
Phnntlo. ''iR1\ 7.4?.J\2Fin . www.cLbovnton-beach.fl.us
APPLICANT'S AGENT
APPLICANT'S ADDRESS:
Joe Peterson / Slattery & Associates
A.a.
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DEVELOPME, . ORDER OF THE CITY COMMISSI OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME.
Woolbright Grille Restaurant
2060 NW Boca Raton Blvd, Suite 2 Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: June 18,2002
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TYPE OF RELIEF SOUGHT New Site Plan
LOCATION OF PROPERTY South side of Woolbright Road, just east of 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:
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
)( 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 "CO 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
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EXHIBIT "C"
Conditions of Approval
Project name: Woolbright Grille Restaurant
File number NWSP 02-004
Reference: 3'. review revised plans identified as NWSP 02-004 a Mav 10, 2002 Planning and Zoning
Department date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments:
1 Design documents where underground water mains and hydrants are to be X
provided, must demonstrate that they will be installed, completed, and in
service prior to construction work per the Florida Fire Prevention Code,
(2000) Section 29-2.3.2.
POLICE
Comments: None X
ENGINEERING DMSION
Comments:
2. At the time of permitting, specify storm sewer diameters, inlets types, etc. X
on drainage plan. Indicate grate, rim and invert elevations for all
structures. Indicate grade of storm sewer and exfiltration systems.
Indicate material specifications for storm sewer (LDR, Chapter 4, Section
7.F 1 ).
3 At the time of permitting, provide verification that there are no laterals X
tying into the storm sewer noted to be abandoned, preferably by video. If
laterals exist the storm sewer must either be sleeved under the building or
relocated. If there are no laterals, the storm sewer may be abandoned in
place, however, it shall be bulkheaded at each end and grouted, the storm
sewer under the restaurant shall be removed.
COA
06/07/02
2
DEPARTMENTS INCLUDE REJECT
4 Provide an engineer's certification on the Drainage Plan as specified in X
LDR, Chapter 4, Section 7.F.2.
5 At permitting, indicate by note that the catch basin and manhole covers X
shall be bicycle proof (LDR, Chapter 6, Article IV, Section 5.A.2.f.).
6. An irrigation plan will be required at the time of permitting. X
7 Show sight triangles graphically on the site plan and landscaping plan. X
This should only be necessary at the south parking area. The site
triangles shall link with the propertY line. Show on Sheet L-Z.
8. At the time of permitting, on the lighting plan, specify that the light poles X
shall withstand a 110 MPH wind load. Add a note that the fixtures shall
be operated by photo-electrical control and to remain on until 2:00 am.
(LDR, Chapter 23, Article II). Add a note that the lighting design shall
provide a minimum average of one foot-candle lumen at ground level.
Artificial lighting used to illuminate any property shall be directed away
from all residential districts. Lighting shall not be used as a form of
advertising (LDR, Chapter 2, Section 4.N.7 & Chapter 9, Section
10.F.5). The lighting plan shall be designed specifically to minimize
light intrusion onto residential properties on the east side of the
Intracoastal Waterway
9 A lighting plan including pole wind loading and pole details in X
conformance with the LDR, Chapter 6, Article IV, Section 11, Chapter
23, Article I, Section 5.B.7 and Chapter 23, Article II, Section A will be
reauired at the time of permittinl!.
10 At the time of permitting, indicate to what standard( s) the project is to be X
constructed; if the FDOT Standard Specifications for Road & Bridge
Construction and Standard Index are to be used - the 2000 Specifications
are recommended since they contain both English and Metric units.
11 Show signing and how traffic flow will be handled (one-way to two-way X
traffic).
12. Due to the requested (by variance) relocation of the restaurant to the X
north, it is necessary to reconfigure the proposed retention swale. The
new swale shown on the 3'" review plans appears to be smaller than that
shown on the I" and 2nd review plans. Additionally, the Engineer did not
make any changes or corrections to the "Drainage Calculations" shown
on this page. Please reflect the changes to the drainage calculations and
provide a detail of the proposed retention swales.
COA
06/12/02
3
DEPARTMENTS INCLUDE REJECT
13 Indicate how seawall will be repaired and/or replaced. X
14 Provide proof of agreement for dumpster sitting 1 construction. X
BUILDING DNISION
Comments:
15 Add a labeled symbol to the site plan drawing that identifies the location X
of the handicap accessible parking spaces. The quantity of the spaces
shall be consistent with the regulations specified in the Florida
Accessibility Code for Building Construction. The accessible parking
spaces that serve a use shall be located on the shortest safely accessible
route of travel from adjacent parking to an accessible entrance. The
Florida Accessibility Code for Building Construction states that buildings
with multiple accessible entrances shall have accessible parking spaces
dispersed and located closest to the accessible entrance. Florida
Accessibilitv Code for Building Construction, Section 4 1.2(5), 4.3, 4.6.
16. Add a labeled symbol to the site plan drawing that represents and X
delineates the path of travel for the accessible route that is required
between the accessible parking spaces and the accessible entrance doors
to the building. The symbol shall start at the accessible parking spaces
and terminate at the accessible entrance doors to the building. The symbol
shall represent the location of the path of travel, not the location of the
detectable warning or other pavement markings that is required to be
installed along the path. The location of the accessible path shall not
compel the user to travel in a drive/lane area that is located behind parked
vehicles. Identify on the plan the width of the accessible route. (Note: The
minimum width required by the code is forty-four (44) inches). Add text
to the drawing that would indicate that the symbol represents the
accessible route and the route is designed in compliance with Section 4.3
(Accessible Route) and 4.6 (Parking and Passenger Loading Zones) of the
Florida Accessibility Code for Building Construction. Please note that at
time of permit review, the applicant shall provide detailed documentation
on the plans that will verify that the accessible route is in compliance with
the regulations specified in the Florida Accessibility Code for Building
Construction. This documentation shall include, but not be limited to,
providing finish grade elevations along the path of travel.
17 Place a note on the elevation view drawings indicating that the wall X
openings and wall construction comply with Table 600 of the 1997
edition of the Standard Building Code.
18. Identify on the site plan drawing the actual distance that the building(s) X
(is/are) set back from the north, east, south and west property lines.
Please note that overhangs, covered walkways, canopies, awnings or
other appurtenances that are attached to the building shall be considered
COA
06/07/02
4
,
DEPARTMENTS INCLUDE REJECT
when identifying building setbacks. Therefore, identify the width of the
proposed overhangs, covered walkways, canopies, awnings, and/or other
roofed areas that extend out beyond the main walls of the building. The
building setbacks shall comply with setback regulations specified in the
Zoning Code or be reduced through variance approval. Identify whether
the areas located on the north, east and west sides of the building are
covered. Also, indicate the use of the area.
19 At time of permit review, submit signed and sealed working drawings of X
the proposed construction.
20 Add to the drawing the calculations that were used to identify the X
minimum number of required handicap accessible parking spaces. Also,
state the code section that is applicable to the computations.
21 Add to all plan view drawings of the site a labeled symbol that represents X
the location and perimeter of the limits of construction proposed with the
subject reauest.
22. At the time of permit review, submit an addressing plan for the project. X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments:
23 The adjoining property immediately South of the proposed parking lot X
area contains State protected mature Mangrove trees. There are limbs of
some of these trees that overhang the proposed parking area and may be
damaged during site construction. The owner should take the appropriate
actions to properly trim these Mangrove trees by an authorized Mangrove
tree trinnner This activity should be completed prior to clearing and
grubbing the site.
24 The applicant must meet with the City Forester to coordinate the removal X
of any existing Ficus trees and / or Queen Palm trees East of the River
walk Plaza, as noted to occur on the landscape plan. This would be under
the guidelines of providing the same quantity of originally approved trees
for replacements along the landscape buffer
PLANNING AND ZONING
Comments:
25 Approval of this site plan is contingent upon the granting of the four (4) X
COA
06/07/02
5
DEPARTMENTS
requests for variances. Those requests are as follows:
. 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 of 7.5 feet for
a restaurant in a C-3 zoning district.
. 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 zone in a C-3 zoning district.
. 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
permitted by code, allowing an additional overhang of 5.5 feet for
a restaurant in a C-3 zoning district.
. 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 abuttin residential district.
INCLUDE REJECT
x
x
28. A traffic impact study is required and must be approved by Palm Beach X
Coun Traffic Division rior to the issuance of a buildin ermit.
29 All improvements (such as the construction of a 5-foot wide boardwalk, X
the relocation of dumpster enclosure, the installation of new terminal
landscape islands, and the installation of one (1) new handicap parking
stall) proposed outside the subject parcels' property line must have
consent from Riverwalk Plaza. Provide documentation that these
improvements are acceptable to Riverwalk Plaza. Staff will review these
through the minor site plan modification review process after this project
(NWSP 02-004) is approved by the City Commission. The owner of
Riverwalk Plaza shall initiate the minor site plan modification and it must
be a roved rior to the issuance of a buildin ermit.
30 X
COA
06112/02
6
DEPARTMENTS INCLUDE REJECT
7.D.2.). The north elevation should show the CBS wall that hides the
loading area.
31 All above ground mechanical equipment such as exterior utility boxes, X
meters, and transformers, shall be visually screened (Chapter 9, Section
10 CA). Equipment placed on the walls of the building shall be painted
to match the building color
32. The three (3) Geiger trees proposed in the north landscape buffer are X
required to be installed at minimum 12 feet overall height. In addition,
the Fire Bush proposed outside the north property boundary cannot be
counted toward meeting minimum landscape requirements on-site and
must obtain authorization from the applicable regulatory body to install
said plants.
33 Staff recommends that the applicant utilize the most effective method to X
ensure that lighting will not face or "spill" onto the residential properties
(to the east). Show the location of the lighting fixtures on the site plan or
landscape plan.
34 Staff recommends locating the outdoor speakers and directing the sound X
in such a way so that it does not create a nuisance to the residential
orooerties to the north and to the east.
35 Staff recommends that the glass / windows used in the design of the X
building be of a variety that reduces the likelihood of outside noise at a
volume that could potentially be heard by the adjacent residential
communities.
36. Staff recommends a sign style and sign color that will be compatible with X
the existing signage in the Riverwalk Shoooing Plaza.
37 A landscape buffer five (5) feet in width shall be required along the south X
side of the proposed parking lot on Parcel 2.
ADDmONAL COMMUNITY REDEVELOPMENT AGENCY CONDmONS.
Comments:
38. Condition # 17 shall be revised as follows: Place a note on the elevation X
view drawings that the wall openings and wall construction comply with
the 2002 Edition of the Florida Building Code.
COA
06/12/02
7
DEPARTMENTS INCLUDE REJECT
39 The placement of the proposed signage shall be limited to wall area only X
and not the roof as shown on the west elevation. Since a roof sign is not
permitted by code, the applicant could place a wall sign on the north
elevation to break up the great expanse of wall area on that fal'ade. If the
applicant chooses to not place a sign on the north building facade, then a
faux window or other architectural feature shall be used.
40. Since the roof sign will be removed, it should be replaced by X
architectural features such as dormers in order to break up the great
expanse of roof area.
41 The service area shall always be maintained so that it is clean and orderly X
42. Sound system limited to soft background music and not for restaurant X
announcements nor live amplified music. No outdoor live music.
43 Public access to boardwalk shall be allowed in connection with greater X
public system iti'when that system is implemented along waterfront.
44 Landscaping at northwest comer of project (located in front of service X
area) shall be extended westward.
45 Existing dumpster enclosures on the Riverwalk project shall be gated. X
ADDITIONAL CITY COMMISSION CONDITIONS.
Comments:
46. To be determined. ...._ft r::dwo
MWR/sc U'
S:IPlanningISHAREOI'M'\PROJECTS\Woolbright GciIlINWSP 02-004\COA.doc
MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AT CITY HALL,
BOYNTON BEACH, FLORIDA, MONDAY, APRIL 9, 1984 AT 7:00 P. M.
PRESENT
Vernon Thompson, Chairman
George AmP01, Vice Chairman
Robert Gordon, Secretary
George Mearns
Joseph Moore
Paul Slavin
Harold Weinberg
Leo Grossbard, Alternate
Bert Keehr,
Deputy Building Official
ABSENT
Lillian Artis, Alternate (Excused)
Chairman Thompson called the meeting to order at 7:03 P. M.
He introduced the Deputy Building Official, Board Members, and
Recording Secretary. Chairman Thompson recognized the presence
of Mayor Carl Zimmerman and Councilman Nick Cassandra.
Chairman Thompson announced that he had a call from Lillian
Artis, who asked to be excused because her daughter was ill.
MINUTES OF ~~RCH 12, 1984
Mr. Gordon moved to accept the minutes as received, seconded
by Mr. Mearns. Motion carried 5-0 with Mr. Ampol and Mr.
Slavin abstaining from voting because they were not present at
the meeting of March 12, 1984
PUBLIC HEARING
Chairman Thompson explained the purpose of the Board and read
the six criteria on which the Board Members base their decision.
He announced that they would have a full Board voting. Any
three votes will deny the request and five votes will grant
the request.
Case #56 - Lot 196, Laurel Hills 4th Addition, recorded in Plat
Book 23, Page 142, Palm Beach County Records
Request - Relief from 60 ft lot frontage require-
ment to be reduced to 50 ft. lot frontage. Relief
from 7,500 sq. ft. lot area requirement to be
reduced to 6,965 sq. ft. lot area to construct a
single family residence.
Address - 1210 N. W. 7th Court
Applicant - Carole Lankin
Secretary Gordon read the application and the answers to ques-
tions a-f.
'--
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
Carole Lankin, 411 S. W. 1st Avenue, came forward. Chairman
Thompson asked Ms. Lankin if there was anything she would like
to tell the Board that would help the granting of her request.
Ms. Lankin replied that she has owned the lot for five years and
at this time, she would like to build a house on it so she
wanted the variance. Ms. Lankin added that the houses on either
side are on 50 foot lots.
Mr. Ampol noted that the deed showed the 2nd of February, 1984
and asked if that was when Ms. Lankin took title. Ms. Lankin
explained that she was part owner prior to that.
Chairman Thompson knew the lot was a fifty foot lot, the whole
area was platted 50, and those who went out to look know it is
landlocked in there. Mr. Keehr checked the records and advised
that there is no question that the homes built on both sides are
on 50 foot lots. He looked at the lot today, and it has been
cleared. There are no other lots available. Mr. Keehr said
this is a clear case of where the City upgraded the zoning and
made this a non-conforming lot;
Mr. Slavin observed that it was originally platted in 1951 and
asked when the change was made from 50 feet to 75 feet. Mr.
Ampol answered, "June of 1975." Mr. Slavin asked Ms. Lankin how
far back her interest in the lot went. Ms. Lankin answered,
"October of 1979."
Mr. Grossbard asked if it was going back to the grandfather law.
Mr. Keehr replied that it was not really. If the applicant
had owned the property prior to May of 1975, she would not have
to come before the Board. Since she purchased it after that
date, the Ordinance reads that you must come before the Board
of Adjustment.
Chairman Thompson asked if anyone would like to speak in favor
of the granting of the variance. There was no response.
, ,
Chairman Thompson asked if anyone would like to speak against
the granting of the variance.
Mr. Kenneth Kribs, 1214 N. W. 7th Court (the property directly
to the north of the lot in question), believed that they pur-
chased their property from Mr. and Mrs. Lankin in 1978. They
knew they were purchasing a 50 foot lot but did not realize
the problems involved with a 50 foot lot. Needless to say, any
50 foot lot in their area has become a detriment to the neighbor-
hood (the restrictions on the parking etc.) Mr. Kribs referred to
further dawn 7th Court. He expressed that it is really a blight
on the neighborhood.
After they purchased, Mr. Kribs said they realized they would
like to extend their property and asked the Lankins if they
- 2 -
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
knew who owned the vacant lot directly to the south of them.
The Lankins explained that they did not. However, about a year
later the owner of the property showed up and Mr. Kribs told
her he was interested in purchasing the lot. He went to the
bank where they had their mortgage, and the bank would not grant
a mortgage. Mr. Kribs thought they termed it a "lot loan".
/"" ",
Mr. Kribs tried to get the neighbor to the south of the lot to
go jointly with him, split the lot, and each take 25 feet.
They were in the process of trying to work out something when
the lathe had attempted to purchase was listed with a realtor.
When Mr. Kribs called the realtor, he was told, "You would not
want the lot because you cannot build on it." Mr. Kribs was
still in the process of negotiating with the owner of the lot
when the Lankins purchased the lot.
Mr. Kribs objected to the variance on the basis that 50 foot
lots are a detriment to the neighborhood. When the Lankins
owned the property Mr. Kribs now owns, they could have added to
the neighborhood by purchasing the lot, at which point they
declined.. Mr. Kribs said the Lankins arrived on the scene,
never consulting him to see if he was interested in the lot and
purchased it, fully aware of the problem they were facing of
having to secure a variance in order to develop the lot.
Mr. Kribs said they would probably end up with three 50 foot
lots in a row, where he was trying to accomplish two 75 foot
lots.
Chairman Thompson asked if anyone else would like to speak
against the granting of the variance.
Secretary Gordon advised there was one communication dated March
21, 1984 from Jill Rovinelli which he read. "I have no objec-
tion to this variance."
~,
Mr. Ampol understood all of the neighbors within a 400 foot
radius were notified and pointed out that was the only response
the Board received.
Mr. Slavin asked how the setbacks were affected on. a 50 foot
lot. Mr. Keehr answered that the setbacks are figured on a
percentage basis. A 50 foot lot comes up with the same setbacks
as the other homes in the same district (25 foot front, 25 foot
back, 7~ feet on each side). In other words, Chairman
Thompson said a house can be built. The only problem is the
variance is asking for frontage and lot square footage.
r....~'"
Mr. Keehr informed Mr. Slavin that the actual percentages on
a non-conforming lot are 25% of the depth for the front, and
not over 25 feet. On the sides of the lots, it is 15% of the
width, and it is 25% of the depth for the rear.
- 3 -
NINUTES - BOARD OF ADJUSTNENT
BOYNTO~ BEACH, FLORIDA
APRIL 9, 1984
Mr. Gordon asked Ms. Lankin if the house would be for her own
use or to rent or be sold. Ms. Lankin answered that she is
going to move into it and live there.
Chairman Thompson pointed out that 90% of all of the lots in
that area are 50 foot lots and the land is landlocked. A
denial will deprive the owner of a constitutional right.
Mr. Ampol
would not.
property.
noted Ms. Lankin was landlocked and asked if that
create a hardship for the person that owns the
Chairman Thompson replied, "Yes."
Mr. Kribs wished to speak and Chairman Thompson told him he
could not speak right now. Mr. Kribs believed Chairman Thompson
made an incorrect statement. Members of the Board said to
let Mr. Kribs speak.
Mr. Kribs was sure that the land was plotted at 50 foot lots.
There was no question about that. However, Mr. Kribs said if
you would go into the area you would find that the actual
building on 50 foot lots is probably in the neighborhood of
10% or 15%. The rest are 60 foot plus lots. Almost everyone
bought two lots or a lot and a half to develop in there. It
is nowhere near 90%.
Chairman Thompson thought he said 90% of the lots when recorded
or platted were 50 foot lots. If he did not, that was what he
intended to say.
Mr. Weinberg moved that the request for a variance be granted
due to the facts presented: That the lot itself is landlocked
with a house on either side. Ms. Lankin is not. in violation of
anything that she did in creating the situation as it is.
Mr. Moore seconded the motion. No discussion. Mrs. Ramseyer
was requested by Chairman Thompson to take a roll call vote:
Mr. Mearns
Mr. Weinberg
Vice Cpairman Ampol
Chairman Thompson
Secretary Gordon
Mr. Slavin
Mr. Moore
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Motion carried 7-0. The request for variance was granted.
Case #57 - Lots 14, 15, 16, 17 & 21, PARKER ESTATES, recorded
in Plat Book la, Page 37, Palm Beach County Records
- 4 -
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
Lots 1 and 2, Block B, HATHAWAY PARK, recorded in Plat
Book 13, Page 17, Palm Beach County Records
Request - Relief from zoning regulations, Appendix A
- Zoning - Code of Ordinances, Section ll-H-16 (d-l) ,
requiring 101 parking spaces for restaurant, to be
reduced to 75 parking spaces, for an addition to the
restaurant
Address - 1021 South Federal Highway
Applicant - J. O. Scott
Lucille & Otley's Restaurant
Owners
- Otley W. & Mary Lucille Scott
Secretary Gordon read the application and the six answers to
questions a-f, paragraph 5.
Mr. Jerry Scott, 1021 South Federal Highway, thought they should
bring out that the variance was simply overlooked the last time.
They already have all of the variances that are necessary except
the one 17equested in. this petition. Mr. Scott advised that it
will be an improvement to the neighborhood. Right now, he is
ashamed of the way it looks and has been trying to do something
about it for two years. Mr. Scott said this should be the last
thing before they get the permit, go ahead, and get the area
cleaned up.
Mr. Ampol noted that Mr. Scott has "quite a bit" of parking.
He asked if the other side of the street was his parking lot
and Mr. Scott replied that it is. Mr. Ampol also noted that
Mr. Scott has a parking lot in back of the restaurant.
,'" "'
Chairman Thompson knew they were talking about parking spaces
and asked if the restaurant would be increased in size.
Mr. Keehr referred to the "FACTS" Sheet and said the intent
of the present Parking Ordinance was in case a present building
or existing business was added to and it would increase the
intensity of that business or cause more people to come in.
The Ordinance was set up in that respect so that particular
business would have to meet today's criteria for the number of
spaces. However, Mr. Keehr said this business is not increasing
its intensity. The applicant is not adding one seat. Mr.
Keehr told the Members a major thing they should keep in mind
was the applicant was not increasing the intensity of his
business. He is doing nothing more than improving the appearance
of it, and he has already submitted plans which meet our Land-
scape Ordinance and is increasing the landscaping.
- 5 -
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
Mr. Keehr said the applicant is coming in line as far as the new
Parking Ordinance relating to design and many factors, except
for this, which he has no control over. Mr. Keehr believed the
true intent of the Ordinance was not to penalize a business
such as in this case.
Chairman Thompson was informed it was just to enclose mechanical
equipment on the northwest side.
i-
Mr. Moore asked if any of the present parking spaces would be
affected or any that might have been built had this not been
done. Mr. Scott replied that there is a possibility they may
lose one space because they will have to move the dumpsters
over one more space.
Mr. Keehr thought it would he helpful for the Members to look
at the surveys.. He indicated the area where it will be enclosed
and said it will have a flat roof and be completely hidden.
Mr. Keehr added that the applicant could just build a six foot
fence without a variance but he is building an actual structure.
Mr. Gordon questioned whether parking was permissible at the
front entrance on both sides of the street. Mr. Scott replied
that it is.
Chairman Thompson asked if anyone else wished to speak in favor
of granting the variance.
Mr. D. R. Pulliam, 633 Castilla Lane, Boynton Beach, Florida
33435, said he and his wife received a notice which was sent to
them in Loveland, Colorado. He thought the Members recognized
the fact that Lucille & Otley's are doing a good business in
town and are conducting themselves in a way that they should be
encouraged to go ahead and do any improvement that is necessary.
Mr. Pulliam came only to say that they want Lucille &
Otley's to continue and have those privileges.
Secretary Gordon read a letter dated March 28, 1984 from the
Boynton Woman's Club, P. O. Box 1135, Boynton Beach, in favor
of the request.
Chairman Thompson asked if anyone wished to speak against the
request. There was no response.
Secretary Gordon then read a letter addressed to Betty S.
Boroni, City Clerk, from Ray W. Wilkins, 936 Brookdale Drive,
Boynton Beach, Florida 33435, stating that he was. against the
request.
Chairman Thompson pointed out that Mr. Wilkins' letter had no
bearing because the variance does not ask for an extension of
anything, but the letter would be a part of the record.
- 6 -
1"...-
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
Chairman Thompson asked the Members to hold their discussion just
to the improvement requested, which is to enclose the mechanical
equipment. In viewing the property that the owner would like
to enclose, he thought it would enhance the area. Chairman
Thompson was talking about the north section of the parking area
and could understand why they would like to enclose it. He
thought those living to the north or to the west of the property
would also appreciate it.
Mr. Ampol moved to grant the request because it would be a
beautification. Chairman Thompson announced that they had a
motion to grant the request to enclose the mechanical equipment.
Mr. Gordon seconded the motion.
Mr. Keehr advised that the applicant was actually asking for a
variance on the number of parking spaces. What he is doing is
what Chairman Thompson said, but what the applicant is doing,
under the new Code, requires that he have more parking spaces.
Therefore, the applicant is asking for a variance with the
present parking spaces.
Mr. Gordon withdrew his second. Mr. Ampol agreed to add that
to his motion. Chairman Thompson requested the Recording Secre-
tary to read the motion. Mrs. Ramseyer read that the motion was
to grant the request for a variance on the parking lot with the
present number of parking spaces.
Mr. Weinberg thought they should specifically put in the motion
the fact that there are 26 less parking spaces because that is
what the variance is requesting. Mr. Ampol was again requested
to repeat his motion.
Mr. Ampol moved to grant the request and also that the applicant
conform with the parking spaces required. Mr. Weinberg said
the applicant was asking for 26 less parking spaces than required
and it had to be in the motion. Mr. Keehr explained that the
existing Code requires 101 spaces. The applicant has 75 exist-
ing parking spaces. Therefore, a variance of 26 parking spaces
is required and Mr. Ampol's motion was that the applicant be
granted the variance of 26 parking spaces.
There was more discussion and Mr. Weinberg explained that the
applicant was leaving the parking spaces at the present status
quo. It was not clear in Mr. Grossbard's mind. In other words,
the applicant was leaving it at 75 and not adding any seating space
to the restaurant. He asked when the zoning was changed. Mr.
Keehr estimated it was about a year ago.
In order for the applicant to make theimprovement, Chairman
Thompson said the applicant had to be granted a variance for 26
spaces. If the variance is not granted, he cannot make the
improvement and would be in violation. No improvements could be
made on that building. At the present time, it calls for 101.
- 7 -
'-"-'~I"'-'-------
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
"In other words," Mr. Grossbard asked, "if he would leave it alone,
as it is, he would not have to come before this Board for a
variance?" The Members confirmed that was right.
Mr. Ampol withdrew his motion and Mr. Gordon withdrew his second.
Mr. Weinberg thought Mr. Keehr put it in the proper way and
wished to adopt Mr. Keehr's language into a motion. He moved
to grant the request for a variance of 26 parking spaces in order
to allow the restaurant to build the structure they have
planned to build. Mr. Ampol seconded the motion. At the request
of Chairman Thompson, ~lrs, Ramseyer repeated the motion. Mrs.
Ramseyer then took a roll call vote on the motion:
Mr. Weinberg
\'lice Chairman Ampol
Chairman Thompson
secretary Gordon
Mr. Slavin
Mr. Moore
Mr. Mearns
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Motion carried 7-0. The request for a variance was granted.
Case #58 - Lots 1 & 2 of ROUSSEAU'S SUBDIVISION according to
_~ the plat of record and recorded in Plat Book 1, Page
, 14, Public Records of Palm Beach County, Florida.
Also all that part of Section 33, Township 45 South,
Range 43 East, lying west of said Lots 1 & 2 of
Rousseau's Subdivision and lying East of the East
right-of-way line of U. S. #1 except that part taken
for S. E. 15th Avenue
Request - Relief from zoning regulations, Appendix
A-Zoning - Code of Ordinances, Section 11-H-16
(d-2), requiring 653 parking spaces for existing
shopping center, bank and proposed restaurant, to
be reduced to 562 parking spaces, .for space for the
proposed restaurant
-,
Address - 1606-1634 South Federal Highway, Causeway
Square
Applicant - Thomas R. Blum, John Therien
Owners - James D. Casto, Thomas K. Ireland, and
Bernard Schoninger
, '
Secretary Gordon read the application and the answers to ques-
tions a-f, paragraph 5 of the application.
Before asking the representatives for the applicant to come
forward, Mr. Keehr explained the surveys.
- 8 -
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
Mr. Keehr indicatedS. E. 15th Avenue (Woolbright Road), the
bridge, Causeway Shopping Center, where Grand Union used to be,
and K-Mart. He said everything is south and showed where the
new restaurant will be and the parking that will be added to the
area. Mr. Gordon noted it was in back of K-Mart..
~
Mr. Keehr informed ~1r. Grossbard that the entrance to the
restaurant will be from the Causeway parking areas. Mr.
Weinberg asked if it would actually be on the Intracoastal, and
Mr. Keehr replied that it would.
Mr. Keehr said this was built in 1960. He did not have the
parking requirements for 1960 but did have them for 1962, which
would have been similar. At that time, one space was required
for every 300 square feet of gross useable area. Today, one
space for every 200 square feet of gross useable area is
required, so naturally, that means they are 1/3rd short of what
our requirement is today.. Under the old parking requirements,
for the whole shopping center, Mr. Keehr said it was 413 spaces.
Right now, they have 457 parking spaces so they had more than
enough spaces when they built the development. One Member
noted that now it requires 653. Mr. Keehr said that was because
now our Parking Ordinance requires one parking space for every
200 square feet. However, this is all existing, and Mr. Keehr
pointed out that there is nothing they can dowi.th that.
Mr. Keehr showed what would be added. Under today's Parking
Ordinance, 30 parking spaces are required and the applicant is
going to construct 105, which means the entire parking center is
benefiting by 75 spaces. By adding an excessive amount of park-
ing and constructing the restaurant, Mr. Keehr pointed out that
the applicant is going to improve the whole area by landscaping
and will end up with a total of 562 parking spaces.
By the fact the applicant is constructing his building, Mr.
Weinberg determined that the applicant becomes part of the
entire shopping center. Therefore, the entire parking center is
the applicant's respon~ibility as far as bringing it up to the
623 spaces. Mr. Keehr confirmed that was correct. Mr.
Weinberg asked if the Board was being asked for a variance for
the entire shopping center in the applicant's behalf. Mr.
Keehr answered that was correct.
Mr. Keehr explained that the applicant is asking for a variance
of 101 parking spaces as required under today's Parking
Ordinance. If the applicant is going to bring the parking
center up to the required parking spaces, Chairman Thompson
asked why the variance was needed in the first place. Mr.
Keehr replied, "Because he is not." First, they had 562, and
Chairman Thompson noted it calls for 653. He said that was
91. The required parking spaces are 653, and the proposed plan
calls for 562. The difference is 91, so there was a mistake.
- 9 -
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
,...,.
Mr. Slavin questioned whether there was any error in the original
figures. Mr. Keehr replied, "No." He referred the Members to
#4 on the "FACTS" sheet, which he read: "Under the present
parking ordinance, this shopping center and bank would require
623 spaces." Mr. Keehr said the restaurant would require 30
more spaces, so he told the Members to add 30 to the 623, and
they would come up with the 653.
There are presently existing 457 parking spaces. If you add
105 to that, you arrive at 562. Mr. Keehr said it all boils
down to "x" number of spaces under today's Ordinance for the
entire shopping center for all of the square fObtage in the
shopping tenter including the proposed restaurant and exist-
ing bank. However, when the applicant adds this new restaurant
he is adding more parking spaces than is required by today's
Ordinances. Consequently, the rest of the area will be bene-
fiting from it, and they will be parking there when the
restaurant is not open and will be utilizing it and vice versa.
If he is going to upgrade the shopping center to more than
what is required, Chairman Thompson asked what the purpose of
a variance was. Mr. Keehr explained that the reasoning was
like the prior case, when you add to something or square footage
to something, you must bring it up to today's Code in numbers,
design, and everything.
Since this is a separate lot by itself, wi.th the amount of
parking spaces they are building for their square footage, Mr.
Slavin asked if the applicant would be over and above. Mr.
Keehr answered, "Right, in the shopping center." Mr. Slavin
asked, "If it was in an independent lot?" Mr. Keehr explained
he had to say in the shopping center because in an independent
lot, it would require more parking for the restaurant and would
throw everything off. Mr. Slavin noted Mr. Keehr said they were
adding 105 to the parking lot and thought it was confusing
because of the fact you take in the entire square footage which
you would call useable land or useable area that would require
so much. with all of their work and upgrading, Mr. Slavin
pointed out that the overall is still short. Mr. Keehr
confirmed that was right.
,~
Mr. weinberg asked if the type of restaurant would have any
bearing on it and whether it would be like Gentleman Jim's or
the Banana Boat. Mr. Keehr answered that our Ordinance does
not specify types of restaurants. It can be any nature of
restaurant.. By being in the shopping center, Mr. Weinberg said
they are taking advantage of the fact that all of the parking
space they will need is 30 spaces. If they were an independent
lot, as Mr. Keehr brought out, they would probably need a great
many more. Mr. Weinberg referred to the Banana Boat and said
they get a great deal of parking. He asked if they will overrun
the entire parking area and deprive the other stores of parking.
- 10 -
_.,.__.~_.~--..- ~"'---'-'---'-'-~--~~-,>' "--
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
The Banana Boat, as it sits today, only has about 75 spaces, and
Mr. Keehr said the applicant has 105. There is a comparison
right there. If the applicant was building on a private site, he
would have seating for 320 people with those parking requirements
and Mr, Keehr did not believe this restaurant would have that
many seats in it. On a private lot, he would be over in parking.
Chairman Thompson advised that the only reason the applicant is
before the Board is because the present shopping center does not
meet the present requirements. Other than that, the applicant
would not be here. It was the same situation the Board just
got through with. In order to make an improvement, because of
non-conformity, the applicant had to come before the Board.
Paul Slattery, Architect, Slattery-Root Architects, 2101 N. W.
2nd Avenue, Boca Raton, Florida, said they were not only providing
enough spaces for the restaurant but in addition, it would .benefit
everybody in the shopping center and surrounding areas. In
addition, Mr. Slattery pointed out there was an existing, run-
down condition with a minimal amount of landscaping. They have
provided new landscaping and landscape strips, an irrigation
system, and are easing the over,all parking situation through the
entire development.
Chairman Thompson asked if anyone else wished to speak in favor
of granting the variance. There was no response. Chairman
Thompson asked if anyone wished to speak against granting the
variance. There was no response.
About two or three years ago, Mr. Slavin recalled this Board had
to consider a variance regarding the Banana Boat. A lot of
people living in Coastal Towers voiced their objections for
reasons the Board had no control over. He noted the Board
had a letter similar to the objections raised by the various
people who spoke against the variance that the Banana Boat
asked for.
Secretary Gordon read the letter which Mr. Slavin referred to.
The letter was from Mary L. Moran, 646 Snug Harbor Drive, Apt.
408, Boynton Beach, Florida 33435.
., Y.)h,
Mr. Slavin referred tofue requirement that a notice be sent to
all residents within a radius of 400 feet and asked if that
also applied to the various businesses in the shopping center.
Mr. Keehr answered that all persons owning property within 400
feet of the entire outline of the shopping center were notified.
He informed Mr. Slavin that a lessee does not get notification.
Chairman Thompson asked about across the Intracoastal. Mr.
Keehr answered, "No. That is in Ocean Ridge." Chairman
Thompson advised there is a piece of land that belongs to
Boynton just south of there. Mrs. Ramseyer said she had the
list of those who were notified if the Members wished to see it.
- 11 -
"""~~".'-~~----'-----'-C-'
r-;--,--'- ~c.,--,--- '~,~~,._,
''-'---~-
MINUTES - BOARD OF ADJUSTMENT
BOYNTON BEACH, FLORIDA
APRIL 9, 1984
So that it would not create a problem, Chairman Thompson pointed
out once again that it was before the Board because the shopping
center at the present time does not conform to the City Code
in terms of parking spaces.
Mr. Weinberg wished the minutes to reflect that an error was
made and it is 91 not 101 parking spaces. Mr. Keehr informed
Chairman Thompson that it brings the shopping center 91
parking spaces shy of the Code, That is why the applicant is
asking for a variance.
,...".."
If the shopping center is short of the amount of parking spaces
according to Code and people come in, Mr. Slavin asked if the
Board has the right to change the Code and compound a felony.
Mr. Keehr advised that the Board is not only "compounding the
felony", as Mr. Slavin stated, but they are improving a non-
conforming condition, and they just passed a variance that
came before this. This is the same thing. Mr. Slavin pointed
out that the other one was a business that has been established
for thirty odd years.
In almost any case that comes before the Board, Chairman
Thompson commented that the Board is going against the City
Ordinance. If not, the applicants would not be before the Board.
If the restaurant is not to go into business, Mr. Weinberg
pointed out that the parking area of the shopping center would
be approximately 166 spaces short. By the restaurant coming into
business, they are adding 75 parking spaces to a condition which
is existing at the moment. Therefore, the restaurant is assuming
the difference in what the shopping center should have and what
they have and are narrowing that difference dpwn by 75. Mr.
Weinberg did not think the Board should penalize them for some-
thing which was changed after the fact.
If the owners of the Causeway Shopping Center are short of
parking spaces, Mr. Slavin wondered if they know they are short.
He asked if they made no effort to amend it and recalled that
they recently did some work there to improve the parking
areas, etc. With all the land, Mr. Slavin thought they could
have put in the additional parking spaces and bring themselves
up to Code, especially when the amount of spaces required were
being reduced from 300 down to 200.
,~.~
Mr. Keehr referred to Boynton Plaza and said they are short of
parking because of today's Ordinance which is only a year
old. He said the shopping center on 36th and U. S. 1 was also
short of parking. They are not going to buy any more property
because none is available.Mr Keehr explained that they are
improving a condition that under today's Ordinance would call
for more parking, so the applicant is giving 75 more spaces.
- 12 -
MINUTES - BOAED OF ADJUSTMENT
BOYNTON BEACH, FLOEIDA
APEIL 9, 1984
Mr. ~einberg moved that the Board approve the request for a
variance from Thomas E. Blum and John Therien, as the Applicants,
for the 91 parking spaces in order for them to complete their
project. Mr. Slavin seconded the motion.
.~-,"
Chairman Thompson requested verification again from Mr. Keehr
that it is 91 and not 101 because if 91 is put in now and they
find out later that is not 91 but really 101, they will have
another problem. Mr. Keehr went over the figures and said he
made the statement that in both cases (on the "FACTS" Sheet and
on the application), the existing shopping center, bank and pro-
posed restaurant will require 653 parking spaces. Mr. Keehr
confirmed that figure in two different areas and was confident
of the figure. He was also confident of a figure that states
that the present Parking Ordinance would require 653 parking
spaces for the existing shopping center, bank and proposed
restaurant. The difference between those two figures is 91 and
not 101. Therefore, Mr. Keehr was reasonably confident that 91
would hold up.
Chairman Thompson requested the Recording Secretary to read the
motion and have a roll call vote:
vice Chairman Ampol
Chairman Thompson
Secretary Gordon
Mr. Slavin
~Ir. Moore
Mr. Mearns
Mr. Weinberg
Aye
Aye
Aye
Aye
Aye
Aye
Aye
Motion carried 7-0. The request for a variance was granted.
Mr. Keehr had the feeling the Members think they are put on the
spot at times and said the people really have nowhere else to
go. This is the only Board that can make those kinds of
decisions and allow these kinds of improvements. Chairman
Thompson thought it was good that all facts are brought out.
ADJOUIlliMENT
There being no further business to come before the Board, the
meeting properly adjourned at 8:40 P. M.
, '
~~:~ecretarY
(Two Tapes)
~
- 13 -
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