REVIEW COMMENTS
L". .JELOPMENT SERVICES DEPARTMl:.,f
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.
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 potential consistencylinconsistency 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 proposing a 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 "E".
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DEVELOPM' 'T ORDER OF THE CITY COMMlf 'ON OF THE
CI'tv OF BOYNTON BEACH, FLORlb~
PROJECT NAME: Zuhair Marouf's car wash.
APPLICANT'S AGENT: Zuhair Marouf
APPLICANT'S ADDRESS: 2360 North Federal Highway, Boynton Beach, FL 33435
DATE OF CITY COMMISSION PUBLIC HEARING: May 15, 2001
TYPE OF RELIEF SOUGHT: Lot area.
LOCATION OF PROPERTY: Part of Lots 4 & 5, Sam Brown Jr's Subdivision.
DRAWING(S): SEE EXHIBIT "A", "B" and "C" ATTACHED HERETO.
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
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 "En 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.
7. Other
DATED:
S:\PLANNING\SHAREDlWPlPROJECTSIZUHAIR MAROUF VARIANCElDEVELOPMENT ORDER.DOC
EXHIBIT "0"
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LOT ADJACENt TO GA TEW A Y TEXACO STATION @ 2360 N.FEDERAL HIGHWAY
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.1-\. .:Jpe,-,hu dm~.!l.lvnS a..l1U ell '-'Um;)~an...es e.'\,IS~ pCCU.Iar 0 .HC .cli' ~ua~ WI;; no.
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 Zonl.1'lg Code does not allow this lot to be used 'NitlI 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
stri~l1g;ent long; after this nropertv was xoned C-3
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priviledge denied by this ordinance to other lands in the same zoning district. By
denying the applicant the use of this land is unconstitutional. or in plain english The
govern..1Uent requires taxes from the applica.rlt without a viable use of his own laT},d.
n Th 1:. -....1: t' - -t~t':_- fth~ - . :_:~ ~ ~~.L.;_ ~L. t~- ...t...._..:., th
J...J ~ Ie U~ela In.elpf!;;.a IVU 0 _lC proVI;:'lVfl;:, v~ uu;:, vuap C.I. !"J!;;pUVe e
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.
F By grantl.1'lg tlJ.e variance for tlIe applica..'1t the laT},d use wi!!. be harmonious
with the general intent and purposes of this chapter, and such variance will not be
injuiious to the area involved or otherwise detrimental 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 canvash will only operate during daylight hours.
Thank you for your consideration in this matter,
Sincerely
. '\ ! .I
)f ,. ')1 -I 3 I / C J
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