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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. ~~. o'.~. ~. 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 J~! '')iT"'\ L ' 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 \\\\1\1\111"'111"1/ 7 Other '{>~~ g'{NTn.', 1//0 ~ 1 '0 .......... ~~ fo{'-r~o#91'fA.J:.' '~~ DATED' '=--c:1I-0a. '- {~~ . _31}. -) \ 0 C#rk . - .. ;:: ;;: s:IPlanningISHAREDlWPlPROJECTSIWOOlbrighl GrilllNWSP 02-Q04IDO.doc ...;~ t- # ~ ~ .\\\\\\\ fJJ,,,:~ Location Map Woolbright Grill , ! i i! I -TRl~, \ ,I I' I,' <<I o 400 Feet N W~E 400 EXHIBIT "A" - -'- ---- lXORA-WA Y i3 o - ,r;-.H~nlGE ~ ' -...J'"""""-- --;; - ~ -= ,;".,~- ~ _-L'..LI~: " - ===- ' 1!'J_~-L - ityBoufldaiY- = I ' , i , , , , -r--- =-' i ir- -I " I j= s i..rn '.1':': .~ ~ m m- g !! ~i t~' '" .- - --:~'! -', ~ ;-.. .. ~-.. = ... ~] .!! '.. <>!, . . . ~i~ . - e ~ I CI1 1>'1""""' ,,,;--OJ ~1- '--~ ~-- . ~ ''\j -"15: z I ;w Ii' ,I .. I~; I-ji " ,I II U,&. "-iIGi-lI.iJJ...... ~o '1- ~. " , ,-;<C"T! 'I' 2: I : '-: N04'"57'2~'<'" 2"'''.:J:I' ,ot.ol!!W.:!]'!. oe..~"".).~..,. 4.~....." NIIIl' ~~"'!! . III - !:1~ 111 ;--- III '- I ~ , " ", : Ii 1:\ !, I,' '\ , I ~ ~ . . . i I, ~ I, ;:I"" I 1l!!ET.l.il..'::" i I I i: I! ','t I \ t Jj'l i il! ,,~ '''"' r. . ~ :: .. ... , . " i ~ .. i ;_1, '...1' - , S" ~ ,. ~ ~ WOOlBRIGHT GRILLE RIVERWALK SHOPPING PLAZA us lIWY 1 AND WOOLBRlGII1' ROAD .J B')YNTON ?!l.\rB:. I'A.1JI ?!!.AOI .:"ol1NT'f, n.~R1DA II SLo\na:t'f AND ASSOCIATES -'- _u..-uru - .1 == ., , i ! l G" '\'" >..' ~- ,,'I ",""" -g' I 'S \ . l , . i · i~i~idH!l l~l . ill I I'l,n 'II ~ ~ ,I '! ; l: 0 i · I !ll . I jll '" .,1, i< !I: !'\!<\:! l;l ~I.;ar;: It Hili: ~ i'1110 i~ ~ ~ . ,iI!'):! ~ I', I! ~ : , mlj~ ", .. 111'1 !lii~ 1"I~ .III~ 1.;1""( i1fVl ';'j>i 1...1 r::; iil~ !. !:II r q . . . . . . . , ~ . . ; .:'::."::., r;::= :::z~~ , Ii 'l '-"- ~ ~ ' ' ~~:.:~('/ " '.'r~'- l ;~:,' ....- '" s rf ~ i;~ '.1 I 'I , "I : il:--=: i !;:: ---. 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'V ~~~1 -f.;.:....... -....: i~d-:-.:.~; ,,~'i-"'t.i-.-._.,.:. ':'r ;._, ~\. - "-" -:t:- r:~iJiJ&:i; !9 "'""IlJim '.qlT~' ..~ _--..;;;..'f'~.:,:,..;...... c" ....", -- -. ~ r,:._ !'II. ! ~U 11"IIPWli ! Ii il1li I i ,"jli j11i11 dll ! IU~liil~!llllljli! . I 111l!!!1!11dl! Illlill ~ l n I 1'lll.!lI: 11 r' I; ; I 1!llill!ll!il i i lill! a ~ 1l . " I' I E '" . ill II I! i 11 II I , i . en ' , -c 11: l!~ .+ , . - ~ I l'illl ~ .I..!! i A;~~- ~ ... li I > !!~:F .--", t.\;.~,:. ,::r.-~ ''is " -, j. .. "j, , ! i ,E. 51>< ...E'<UE _ _._._._._ _,';"".Q.o.llI!.'~r....:!o~_ --------EXH-IB-lT "B" :: .. !! ^- .~ i: ~j z . > o o . . . . " - . . Ul ~ m -c ~ :z 'll :~i il' . Q WOOLBRIGHT GRILLE ~~~:t343l5 .__._.!~- ClTY ~ IO"t"NTOH lEACH. fI\.ClRIDA, ~ Ii ! Ill.' i Itlli I a SlATTERY AND ASSOCIATES -~ =.........-..... ... ,-.-- ...---- - '" -.-- . J. I' ":~ 4- ~;f' ,,~ lr ~; ~i~; T ", I.i I "j , " I. '. " :: " ;0 .... , Gl :J: -l Vl .... 0 m m r m < ~ 0 Z , Vl i 0 ! ~ Ii I c, . n ~-li ! ~ ,I ~:J: e '" 11 '" l ~ ." ~ I ~, , i ~ II ;;, " , ./ j 0, il , , o. I . I I ~,;'< '1'it'!1 ;1', !jq ~1~:~. ~~:4~:: &~~"~ I' j r i" ' IHI I( 'I' ,II: "T1 . 1-'--=-;1 I ! I ;0 o Z -l m r m < l> ;::l o z e- + Qii~ ~:~ : ulill jill~ i il ~ ~r EXHIBIT "B" ~ o o !:r ... ~ ... w ~ B @] 0 [!] G .,.,.... ., i'~2 i~2 iU i;. i!: ..~ "~1=l: l~t .~!iI .i~ Z ii !~a~ f.i !i~ !~i ~ 'd ~f~ ~~~ ~~~ l~~ ~ ~.~I ~r3 ~i! i ~ . I E ~ Ii hi' ~. i ,.... po IIIII . . I " ATI WOOLBRIGHT GRILLE 700 w<XIURIQHT RCW) BOYNTON BEACH. R. 3:M35 II SLATTERY AND ASSOCIATES - ..- -... -- ..-..- .... ,..., --- -..-..- ....- .... ,." --- :r- 1.,'1.1"1,1 (.0) . I, rl'.~ '" CITY Of' 8OYNTON BEACH. A..0AtDA ili~~ ... ... ... ;;IF' ~i~ oil' :I~: ,l~ !]~ II: I' , 'I' ) ;0 m ~ ;0 m r m < ~ ..... o z m ~ Ul -t r m ~ Ul ..... 0 m m r m < ~ 0 Z 2 0 ~ :I: I ~ j/ i n i" ~ . '" .1 n I ~ ii ~ , ~ 0\ ~ I , , I , II ;, q '1 . i !I , i !I 0, / I , i . I ".'o&un 10 '1' 'ATlONS . WOOLBRIGHT GRILLE ~lil 700 W'OOl.AAKJHT ACWJ ~ ,"I + BOYNTON BEACH. FL J:M35 l. .!. . ., , I ClTY OF BOVNTON BEACH. A.OAIM G ~ lEI (!J 0 ""lJ " 0'" o.~ 0" 0'~1 2: . ."... "" . ., jl~~ j: I~' I. ~ .. '<8' ~l r~ r~ r .! ~~~I ~~~ ~~; ~~~ ~ 1.1 It~ I.j : Z 'f~S"O . t1~ jl)\ " ... , ~... !>~ ~ ~ ;i. ~ . II ~:. II 'il 11'1' Iltl ~ " : I ",' : : 'Q'" : i ' ~ R =~~AS~~~~_ ~......__.... '''1.''_ EXHIBIT "B" J ~" I jl I ! I!l i I ,..... ,. IIIII . ",: ; 'I!!! ~ ";>;J I.II! l~ ~> I ; , e I I i l , ! i '1'.1".';. . 1::= ~.. ~!:~ ~~ 1> !i:~bl:1 -10 -,," r- I I ,___n_nmn -nnn-f-------n I ~ r ~ t.. ;Ii II ~I 1- -, o 0 ~ o 01 ,____n_______JQJ ! lll~ i 0 '-'j___m___]Q] J ~I ::::::::.9.: __u illl '!i , "'"'T1 ~..... 8;:0 ~Ul ;! i ~-i z ,- ~" .1 >, i: i gO W :0 ~;:o ! ~" , .' iil): ! .1 !Z " " -\ '\ ~ n S ~ "- '". , , 0, ~~ WOOLBAJGHT GRIlle III ~~3:M3I CITY OF 8OYNTOH BEAat. F1..OAOA. Iii , 11 i I " i: ill I t, ~; -II !- , q.----------- 'I i :"~~~~~, ~~"~~j ..:: . :: !I:: : :: !-:: : :: 'I:: : :: ,:: :; :: ~! !i :: :: '. '(gJ -...---- f .- -I' '\ I, ![I !- I . r1- roy .. ~ SLATTERY AND ASSOCIATES -- --- -.....-..-..- ... '.'1-- -...---- - ,- ,.. -- . .. ~ p r\\L EXHIBIT "B" !II ri 'I i - ~ Ii ! !I'P . i i ili ! ... . , I ;; I / 1 I i . " / I , , ! ~ lil~I~"I.1 N ''''r)..~ '"' a I;;; a ~ . ~",; i i ~ pi /'! <ii' 1; ~ . I ~. :<l r r- ! '" .' ~ '! ":::::- I ~, "I'. " . :::= ; ': I O::~: S i 0, .' , , IN ~IUl rm 8C) ~O ;;Z ~O > oj." Co ;0 ",0 '>;0 '" ~ ~"'tl ~~ -Z - . ~HIB .. . ..' C : I i , --n-----T = II I == ~ = --;:: I ~ f:: ~ != ,I: , I bS. " I I !! I I ; :i ~ . l' ~ ~ \ a ~ Ii 0 11 ~ L~-, " :: " ij q ~ ~ ~ 1[210 r " 'I a " -" ~ ~ . ~~ 00 UI Q . . \ . ::=J \ aij il II . \ ------ 1:::::::::::-:::::::::::::::::::::: to- ~ " " " " " " " " " ~ ~ ij F::;r . . .' . . " r .' . a .' " \ I " " " .' ~ JI IIIIII -. .. -- .- .. - IT "8" ~ I' : !. Ill'! ; ; illi' 1111 . . II II ': WOOLBRIGHT GRILLE 700 WOOlSRIGHT ROAD IlOYKTOH BEACH. FI. 33435 CITY OF BOVNTON BEACH. R.ORIOA II SLATTERY AND ASSOCIATES -- ..- -...-...-... .... 1.'1___ ___...- _ ... (eel _-_ I . I e 1 I i I , I ! A T" :> li'~!hl'l tn ..1 t 1"' ,. " " ~ . 11 " " 11 ,/ '~ I- ~- II -I " ~ o 0 ,_n_m_mn]QI ! II! ~ ( ,L~--nnnn19 I ______-0__ _n_ "".." ~..... 8;;0 ~(J) ~-1 z ~.." >r gO :0 ~;;o '>(J) "m "l> ~;::l Z G'l !iI~ , ~ ~"'tl :;;S; ~2 ~ ,,' , 0, ~~ "".~-- ~ M! WOOLBRIGHT GRILLE 700 WCXll8RIGHT ROAD BOYNTON BEACH. R. XW3I5 I ':------------ EXHIBIT "B" nm_Y :tt ! ~g. ~ ~ Q ~ ~ ~ ~ . . I ~ .. ; ; : rmm ~~~~~~~ : .' '. I .' " : if ."/E :1: :: :: . :: H. .' '. ,I '. " '. m SLATTERY AND ASSOCIATES -~ -..-----.... ... -,_.- ____ __ ... (_1___ I " II . ;Ii ili I .. I I , , II i it ii' ./ :11 .,- -il I <M> M <M> M r\\l -Ul ;om ~n ~O ~z rO > ~"'T1 sr ",0 nO ~;tJ '"Ul 2m s> ;::j z G') "'C ); Z '...-, " " i '------- ~ ~ ~ ~:I <7<? ~.i :;:_ i ' 't MM J i II ~_~~ ii i ., - . i ,. i i ~~ 12ID~ ~ ~ ~ ~~ ~~ o ::::::::::::::::::::::::::::::::::: ~ n '" '" I ~ ~ "\ . . I , e 0, I I i l / I , i UN . WOOLBRIGHT GRILLE ~ ~ <. ,1.1 ~~~3KJ5 Ijl;! a> ..J. jL I , I Cl1'Y OF BOYNTON BEACH, FtDRIDA ~ ~ M ~ M a SLATTERY AND ASSOCIATES - ..- =. ~'-"'....::"'".., .~ ~=: =:= EXHIBIT "B" - ~ Q . . g :::;1 " .' " " " " " " " -' -" :::;, " :: .' .' " .' .' ~J , !n J JI ~ . . ,.I, Iii .i il. I I . I: Vl ~ m " :t 0 -l 0 J: I ~ I ;;tl ; ..... ! n e " i . i Ii ~ s;: i iI l'lZ . e " l '" " , -, I , ~ , o. , , I 0, om". . Z !i:t'i1+ WOOLBRIGHT GRILLE - WOOlIlIUOKT""" 8OVwroN BEACH. FL SM3II crrY ~ BOYNTON lEACH, A..OAID4 S.L. I~TH ...vOIUE _______.______~W.2...0.L!!II~r~O~ _ _-_n_--E-xHtf3IT "B" - -- ---- --- -- III I I i l '-\" - -.-.---.-.-.'7--......., ",;: .'\, \ \ \ i i i \ i i i i i i i \ i i i \ i i i i i \ \ i i i i i i ~il n ~I ,.. . h ! i ! i ( ! . i i i i i i i i i i i .. I' !! ." ~! E. a! "1 ;~ <- "I III I j / , f , -+ , , , , , !~ ,4 . . , . ! ~ --+ Q ~ I' ~ SLATTERY AND ASSOCIATES -~ =~._-....::-= .~ ::::::::= , ! ! I I . , " " , I III II . . . . , . : r ; i I I I . ! / i I i I / I , i i; ;: ~ 11 ;~!~'~;I WOOLBRIGHT GRILLE CITY OF BOVNTON BEACH, FlORIDA tl;;: I~ n )> "0 m "0 .... )> Z t .. , ! EXHIBIT "B" i I ~ -Ill " ! f I 1 I~: ?I wt l.~i [j] rTTTTmll ~ ~ ::.~:~~ASS~~~~ ~_..._-.-- .--,- I . I . j I i . I i I . ~ ~ ~ I "' ~ . r- .., ~ I: N ! ~,!: ' .1 ~ ~ :,1 ", N o I'; 0,1 ~ - ~ WOOLBROGHT GRILLE III m SLATTERY AND ASSOCIATES -QillJIi .' _.~ j. =~"",~&:l ;:- :::== ~ ': crrv OF BOYNTON BEACH, FlORIDA. o - . 1- -; ~; ~ ..- ,1lJ " s.~. ~Tl-I ..vt1<l..E -<I, CH~ ~CAJ EXHIBIT "B" J I ---- , , --------- -...... :\ ~- .-~ill r , I I I I' I I" ! i/ r1Il I' l1i Ii! I II, I Ii I I I I IIII III i I lllLUJD 1111111 i; ~j ". ~! ~~ .0 ;:~ i I ! / I Ii - t \ < I . j I E f I : I I: I I: t I ; f I; Ii q I II k I i ," I Ii i' . f I I ~ I t-Q i I l I I J ~,. I I I I I I I I J ~ "... ~ z o Ul n )> "'0 m !U'l '...... --i m "'0 ~ Z ;----------- ( ~ I I I I I I I I I ; I I I - I , I . I e I I I ; ~ I ! ;(HIBIT" " $> I~ In I~ ~ ." ~ )> z j~ "i ~1 ~" -;1 ~, " ! ! \ ! @! I ! ~I I I I J . I I I . . I I I I . I I I I I r r - rJ b i j .. ~. '1' ~ I [I l5: .- f . i r' 1 .- l ! ~ r' J ~; M L ~ ~ o l ~ ): ["" i" i 1-- r;; -~ ~( - JI :u1 I~'U ~, ~. . ~ \...' -F iii ^' x: '; -\ WOOLBRIGHT GRILLE rTTTrfIl1 ~ ~ ~ 11: M~'l :1 SLATTERY AND ASSOCIATES _.~ CITY OF BOYNTON BEACH. R.ORIO.... -....-..-..- -..---- -- ...-.-- ___J_ EXHIBIT "B" - (f) p'ii I" :;;.~ ; f flilll ~~ r~. -:;13 n '\. \"l[~'; 1 _P .: r,-" :lI j S; ; ~!, .,.~ J'~ I ~; 1-1 -r ,. Z 1I !~ ~ 1i:i !~m I J~~ ,ilg:~, ,r I .. ..,. It. ~ '~:::! ,. " IP:" z J ~; - I 3f " ~ I (f) I .- I II (f) . ~! I ~ . II II j , I I Ii .. . .. 11lllllijl I I!I~ r'~ .. ;.;" Il!i'!! IIIIl l I !MiI III ~ II. . .11 . ~: I'U'! bl Illllh I , lillil Ji' !I!!!'! i ; ~ Ii: i1i1+ WOOLBRIGHT GRILLE - WOOlSIUGHT """" iOvHroH BEACH., R. 3343lS !! J I' .. . "1 IIII I . " " CrTY 01' 80VNTCIH 8EAQf. A..OfUI>>. 1111!/l!!lI:::"--=~~' ~ =~....-...=-ft::l .: :::1= 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 - """"~---"-~' --~-~. ~------~-_.._^,-,_.