AGENDA DOCUMENTS
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office
0 March 20, 200 I March 7, 2001 (5:00 p,m,) [gJ May 15,2001 May 2, 2001 (5:00 p,m,)
0 April 3,2001 March 21, 200 I (5:00 p,m,) 0 June 5, 200 I May 16,2001 (5:00 p,m,)
0 April 17,2001 April 4, 2001 (5:00 p,m,) 0 June 19,200 I June 6, 2001 (5:00 p,m,)
0 May I, 200! April 18, 2001 (5:00 p,m,) 0 July 3, 200 I / June 20, 2001 (5:00 p,m,)
0 Administrative 0 Development Plans
NATURE OF [gJ Consent Agenda 0 New Business
AGENDA ITEM 0 Public Hearing 0 Legal
0 Bids 0 Unfmished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the May 15, 2001 City Commission Agenda under Consent
Agenda. The Community Redevelopment Agency Board with a 4 to 3 vote recommended that the subject request be
approved subject to the condition that business operation be limited to the hours between 7:00 a.m. and 7:00 p.m. For
further details pertaining to this request see attached Department of Development Memorandum No. PZ 01-076.
EXPLANATION:
PROJECT NAME:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
ZUHAIR MAROUF VARIANCE
N/A
Zuhair Marouf
A portion of Lots 4 & 5 of Sam Brown Jr.'s Subdivision
Request for a relief from the City of Boynton Beach Land Development Regulations,
Chapter 2, Zoning, Section 6, C.3. requiring minimum lot area of 15,000 square feet, to
allow development of a 9,908 square foot lot, to build a one-bay car wash facility on a
parcel zoned C-3, and to allow a 5,092 square foot variance.
PROGRAM IMPACT:
N/A
FISCAL IMP ACT:
N/A
ALTERNATIVES:
N/A
City Manager's Signature
Depa
City Attorney / Finance / Human Resources
\\CH\MAIN\SHRDA T A \Planning\SHARED\ WP\Projects
CC Agenda Request 5-15-01 Zuhair MaroufVariance,dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
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DATE OF CITY COMMISSION PUBLIC HEARING: May 15, 2001
Boynton Beach, FL 33435
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DEVELOPME - ORDER OF THE CITY COMMISf 'IN OF THE
CII Y OF BOYNTON BEACH, FLORID,.
PROJECT NAME:
Zuhair Marouf's Variance
APPLICANT'S AGENT: Zuhair Marouf
APPLICANT'S ADDRESS: 2360 North Federal Highway,
TYPE OF RELIEF SOUGHT: Lot area.
LOCATION OF PROPERTY: Part of Lots 4 & 5, Sam Brown Jr's Subdivision.
DUAliTMENT or: DEV[lor)1v'
DRAWING(S): SEE EXHIBIT "A", "B" and "C" 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 Board, which Board 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
X 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 "E" with notation "Included".
4. The Applicant's application for relief is hereby
X 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.
7. Other
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DATED:
DE~-.:LOPMENT SERVICES DEPARTMEI..
PLANNING AND ZONING DIVISION
MEMORANDUM #01 ~076
Staff Report
Community Redevelopment Agency Board
and
City Commission
Meeting
Date:
May 8,2001
File No:
ZNCV 01-008 - Lot area.
Location:
Part of Lots 4 & 5, Sam Brown Jr's Subdivision
/
Owner:
Zuhair Marouf
Project:
Building a one-bay car wash facility on a parcel zoned C-3.
Variance
Request:
Request for a relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 6, C.3. requiring minimum lot area of
15,000 square feet, to allow development of a 9,908 square foot lot, to build a
one-bay car wash facility on a parcel zoned C-3, and to allow a 5,092 square foot
variance.
,..,
BACKGROUND
The subject vacant property is currently zoned C-3, Community Commercial zoning district.
(see Exhibit "A" -location map). City records show that the property was rezoned from C-1 to
C-3 in 1975. The Sam Brown Jr's Subdivision was platted in 1924 with typical lot sizes varying
between five (5) acres to ten (10) acres (see Exhibit "B" -Sam Brown Jr's Subdivision Plat).
Subsequent to platting, some of the original parcels had been subdivided to create smaller
parcels, some of which are substandard by current zoning requirements. That activity created
small parcels on Lots 4 and 5 of the above-referenced subdivision. The owner of one of those
small parcels (Mr. Marouf) is requesting relief from the regulations to allow a substandard lot to
be developed for a commercial car wash facility (see Exhibit "C" - survey). Palm Beach County
records indicate that the subject property had been subdivided by 1975. Although it cannot be
confirmed what minimum lot standards were in effect at that time, based on the current
minimum lot size requirement for the C-1 Zoning District, 9,000 square feet, the subject lot was
created in conformance with zoning regulations in effect at that time'. The parcel then became
non-conforming by virtue of the rezoning to C-3, which staff understands was city-initiated. The
applicant, Mr. Marouf, acquired the subject property in 1999.
The owner of the subject property also owns the Texaco gas station to the west. In the past,
Mr. Marouf has expressed his intention to re-assemble the parcels and add a car wash service
to the gas station. Staff has been required to respond that to assemble the two properties and
expand the existing gas station with a car wash would represent the unlawful expansion of a
legal non-conforming use. The gas station is a non-conforming use as it does not meet current
location requirements of the City's Land Development Regulations. The adjacent parcel would
therefore have to be developed separate from the non-conforming gas station.
-,
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. Page 2
Marouf variance
File No. ZNCV 01-008
The following is a description of the zoning districts and land uses of surrounding properties:
North: A multi-family residential property zoned C-3;
South: Las Palmas road right-of-way, and farther south a restaurant parking lot zoned C-3;
East: A single-family residential dwelling part of Las Palmas development zoned R-1-AA; and
West: A Texaco gas station zoned C-3.
Staff visited the area and observed that the access road to the subject property is a standard
two-way road that also is the access road for Las Palmas residential development to the east.
City records show that relief from frontage and. distance requirements was granted in 1981 for a
property located approximately 600 feet to the north of the subject property, zoned C-3 and
used for a gasoline station (currently inactive). No other varfcmce .has been approved for a
commercial property in the area.
. ANALYSIS
The code states that the zoning code variance can not be approved unless the board finds the
following:
a. That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and which are not applicable to other lands, structures or buildings in
the same zoning district.
b. That the special conditions and circumstances do not result from the actions of the
applicant.
--
c. That granting the variance requested will not confer on the applicant any special privilege
that is denied by this ordinance to other lands, buildings, or structures in the same zoning
~~t '
d. That literal interpretation of the provisions of this ordinance would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms of
the ordinance and would work unnecessary and undue hardship on the applicant. .
e. That the variance granted is the minimum variance that will make possible the reasonable
use of the land, building, or structure.
f. That the grant of the variance will be in harmony with the general intent and purpose of
this chapter [ordinance] and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
Staff reviewed the requested variance focusing on the applicant's response to the above criteria
as included in Exhibit "0". Staff concurs with the applicant's response to criterion "an above,
which indicates that there exists special conditions peculiar to the subject parcel, namely size
and shape. Staff acknowledges that the City has likely caused the non-conformity by virtue of
the previous rezoning action, therefore satisfying criterion "b" above. Furthermore, regardless
what use is ultimately proposed for the subject property, the subject variance would be required
as the minimum variance needed "to make possible the reasonable use of the land".
~ ~
Page 3
Marouf variance
File No. ZNCV 01-008
With respect to impacts on the area, and satisfying criterion "f' above, due to parcel size, and
its close proximity to single family homes, impacts upon residential parcels are possible.
However, issues related to use and site design are more appropriately addressed at the site
plan stage, through proper site layout, buffering, and operational limits. Although full
compliance with criterion "f' would only be confirmed at the design stage, it is the position of
staff that the hardship has been established by virtue of the fact that the lot was once
conforming, and converted to a non~conforming parcel by actions of the City to rezone the
property to a zoning district with more stringent lot requirements. It should be noted that two
nearby residents have contacted staff to convey their opposition.
Although this analysis excludes from consideration the potenti?1 consistency/inconsistency of
the proposed variance with the Federal Highway Corridor Redevelopment Plan, staff should
indicate that the Plan recommends changes in approved uses' for the corridor, including the
removal of uses that are typically automobile-related/dependant. Furthermore, it is also
noteworthy that the property owner would not likely be proposiriga car wash if it were not for
the existence of the adjacent gas station, which is a legal-nonconforming use.
CONCLUSIONS/RECOMMENDATION
Based on the facts related specifically to the subject property and variance request, that
provides justification for a hardship, staff recommends that this request be granted. This
request would allow a reduction in the minimum required lot area from 15,000 square feet to
9,908 square feet, a reduction of 5,092 square feet, to allow development on a non-conforming
lot in the C~3, Community Commercial zoning district.
No conditions of approval are recommended; however, any conditions of approval added by the
Community Redevelopment Agency Board or City Commission will be placed in Exhibit "En.
,..,
MR/dim
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ZONING t:ODE V ARfANCE A :JART OF LOTS 4 & 5 SAM BRO\\rN' JK. SUBDfVrSrON
LOT ADJACENT TO GA TEW A Y TEXACO STATION @ 2360 N.FEDERAL HIGHWAY
A Special conditions lliJ.d circumstances exist peculiar to the land that are not
applicable to the other lands in the same zoning district that restrict this parcel of land
for the uses intended in the C-3 Zoning District, Namely the size and shape,
The Zonirlg Code does not allow tl-tis lot to be used with. the Texaco filling station
adjacent to the west side The proposed use is a one bay CAR WASH,
B Special conditions and circumstances do exist and are not from the results of
the actions of the applicant. the zoning requirements were changed and made more
stIii12:em lon2: after this nropertv was xoned C-J
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C Grantin.g the v~riance request will not confer on.the applicant any special
priviledge denied by this ordinance to other lands in the same zoning district. By
denying the applicant the use of this land is unconstitutionaI- or in plain english The
govern..rnent requires taxes from the applicant without a viable use of his own le...Tld.
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applicant of rights commonly enjoyed by other properties in the same zoning district
under the terms of the ordinance and work unnecessary and undue hardship on the
applicant for the same reasons listed in paragraph. C.
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land for the applicant.
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with the general intent and purposes of this chapter, and such variance \ovill not be
injurious to the area involved or otJ.\erwise detnnlental to the public welfare as say a
neighborhood store that is allowed in this zoning that stays open late at night and
sells beer. The carwash ""ill only operate during daylight hours,
Th':l~llil- "ou Cf\r '\lour ~onsl'rter::ttion in this m::t....er
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Sincerely
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 01-060
filE eM
TO: Janet Prainito
Interim City Clerk
FROM: Michael W. Rumpf J K {if
Director of Plannin~ 20ning
DATE: April 4, 2001
SUBJECT: Zuhair MaroufVariance
A portion of lots 4 & 5 of Sam Brown Subdivision
Zoning Code Variance 01-008
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced case. A check in the amount of $527.15 to cover the review, processing
and postage of this application has been forwarded to the Finance Department.
The legal advertisement for this request will be forwarded to your office after review by the City
Attorney. Th~ requested variance is scheduled for the May 08, 2001, Community
Redevelopment Agency Board meeting. Please advertise in the newspaper and notice to property
owners accordingly.
J:\SHRDA T A IPlanninglSHARED\ WPIPROJECTSlZuhair Marouf VariancelLegal notice,doc
"ryEQUEST FOR PUBLISHING
LEGAL NO'... ~~ES AND/OR LEGAL ADVERTISL.iENTS
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney two (2)
working days prior to the first publishing date requested below.
ORIGINATOR: Planning and Zoning
PREPARED BY: Michael Rumpf DATE PREPARED: April 04. 2001
BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variance for Zuhair Marouf to
allow development of a C-3 zoned parcel that does not meet the minimum lot size of 15.000
square feet. Community Redevelopment Agency Board meeting to be held on May 08. 2001. at
6:30 p.m. at the Commission Chambers. City Hall. 100 E. Boynton Beach Blvd.. Bovnton Beach
Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Boarder, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: All property owners (postmarked April 23.2001) within 400 foot
radius of the subiect property. applicant and Director of Planning and Zoning.
,
NEWSP APER(S) TO PUBLISH: The Post
PUBLISHED: April 23. 2001
LAST DAY TO FAX TO THE PAPER BY 3 :00 P.M.: April 20, 2001
APPROVED BY:
(ldu.tL.v
(Originator)
i~ WId. 1<..1-'.JuF
o '-I !O~ / D J
. ,
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
"TOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH,
FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of
said City: '
Owner:
Zuhair Marouf
Request:
Relief from Land Development Regulations Chapter 2, Zoning
Section 6.C.3. to allow development of a car wash facility on a
9,908 square foot parcel in lieu of the 15,000 square foot minimum
lot area required by the C-3 zoning district regulations.
Location:
A portion of lots 4 & 5 of Sam Brown Subdivision.
Legal:
Legal description on file in the Planning and Zoning Division, 100
E. Boynton Beach Blvd., West Wing Second Floor.
A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY
BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE
COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.,
BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 08, 2001, AT 6:30 P.M.
l
All interested parties are notified to appear at said hearings in person or by attorney and be heard
or file any written comments prior to the hearing date. Any person who decides to appeal any
decision of the Community Redevelopment Agency Board with respect to any matter considered
at these meetings will need a record of the proceedings and for such purpose may need to ensure
that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
April 23, 2001
_~OTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the following application has been made to the
COMMUNITY REDEVELOPMENT AGENCY BOARD of the CITY OF BOYNTON
BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the
zoning code of said City:
Owner:
Zuhair Marouf
Request:
Relief from Land Development Regulations Chapter 2, Zoning
Section 6.C.3. to allow development of a car wash facility on a
9,908 square foot parcel in lieu of the 15,000 square foot minimum
lot area required by the C-3 zoning district regulations.
Location:
A portion of lots 4 & 5 of Sam Brown Subdivision.
Legal:
Legal description on file in the Planning and Zoning Division, 100
E. Boynton Beach Blvd., West Wing Second Floor.
A PUBLIC HEARING BEFORE THE COMMUNITY REDEVELOPMENT AGENCY
BOARD WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE
COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD.,
BOYNTON BEACH, FLORIDA, ON TUESDAY, MAY 08, 2001, AT 6:30 P.M.
All interested parties are notified to appear at said hearings in person or by attorney and be heard
or file any written comments prior to the hearing date. Any person who decides to appeal any
decision of the Community Redevelopment Agency Board with respect to any matter considered
at these meetings will need a record of the proceedings and for such purpose may need to ensure
that a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH: THE POST
April 23, 2001
PALM BEACH COUNTY
REQUEST FOR DATA RUN
PROPERTY INFORMATION REQUEST
NAME OF COMPANY AND/OR INDIVIDUAL(0-?";i7"C,':"- 0e..r-rCiJ1(>t;.) !S'CULU- C?n f-
;;2 I ~"'" (
ADDRESS: ' 3 G 0 ,V -j-42cf I{ L<) 1 13<---, y n'loh /ir ~
TELEPHONE NUMBER: 5'-(;; / - - C' - C d 0 (,
DESCRIPTION OF RUN OR AREA REQUESTED: -c:
Ci "6 - if 3.- 4- 5- / 5,1 031 000'''' 00 if,} ~ L:b if 3
S' r ~ A++O-c- ~J
CHECK ONE:
LABELS
J PRINT-OUT & LABELS
PRINT-OUT
HOMEOWNERS ASSN
INDIVIDUAL OWNERS NAMES
OF EACH CONDO UNIT
TAX ROLL RECEIPT
I, THE UNDERSIGNED, WISH TO ORDER THE ABOVE DESCRIBED DATA RUN.
I UNDERSTAND THAT I WILL BE RESPONSIBLE FOR ANY CHARGES INCURRED.
PLEASE CONTACT,
PHONE #355-2358
#355--2352
CLARICE P. PETERKIN
OR FAX 355-4416
GLORIA DEAN L/74f~iJ~'~N{~~R((~:?r//'/J---
~nr(h21 2001
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