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 Citv Clerk's Office Meeting Dates in to City Clerk's Office
0 August 5, 2003 July 14,2003 (Noon.) 0 October 7, 2003 September 15,2003 (Noon)
0 August 19, 2003 August 4, 2003 (Noon) 0 October 21, 2003 October 6,2003 (Noon)
~ September 2, 2003 August 18,2003 (Noon) 0 November 5, 2003 October 20, 2003 (Noon)
0 September 16, 2003 September 2, 2003 (Noon) 0 November 18,2003 November 3, 2003 (Noon)
0 Administrative 0 Legal
NATURE OF 0 Announcement 0 New Business
AGENDA ITEM 0 City Manager's Report 0 Presentation
~ Consent Agenda 0 Public Hearing
0 Code compliance/Legal Settlements 0 Unfinished Business
RECOMMENDATION: Please place this request on the September 2,2003 City Commission Agenda under
Consent Agenda. The Planning and Development Board with a 6 to 1 vote, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department of Development Memorandum
No. PZ 03-203.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
East Coast Mechanical (ZNCV 03-007)
Chris Hair, Anderson Architecture, Inc.
East Coast Mechanical
1500 High Ridge Road
Request for relief from Chapter 2, Zoning Section 8.A.6., requiring a minimum front yard
setback of IS feet for a warehouse building within the M-I zoning district, to allow for a
variance of II feet, and a front yard setback of 4 feet.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
~{J~
Planning and Zomng 1 ector
City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\East Coast Mechanical (aka Curt G Joa)\ZNCY 03-007\Agenda Item Request East Coast Mech. ZNCY 03-007 9-2-
03.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-203
STAFF REPORT
TO:
Chairman and Members
Planning and Development Board and City Commission
~'--
Michael W. Rumpf \f\'
Director of Planning and Zoning
THRU:
FROM:
Maxime Ducoste-A.
Planner
r\1f-
DATE:
August 19,2003
PROJECT NAME/NO:
East Coast Mechanical Variance/ ZNCV 03-07
REQUEST:
Relief from Chapter 2, Zoning Section 8.A.6.( requiring a minimum front yard
setback of 15 feet for a warehouse building within the M-l zoning district, to
allow for a variance of 11 feet, and a front yard setback of 4 feet.
PROJECT DESCRIPTION
Property Owner: East Coast Mechanical
ApplicanUAgent: Chris Hair
Location: 1500 High Ridge Road Boynton Beach, FL
Existing Land Use/Zoning: Industrial/ M-1
Proposed Land Use/Zoning: N/A
Proposed Use: Industrial
Acreage: 2.93 acres (126,763 square feet)
Adjacent Uses:
(see Exhibit "A" - Location Map)
North:
Developed property designated Industrial (I) and zoned PID (Industrial);
South:
Right-of-way for the Boynton C-16 Canal then the Boynton Industrial Park North
designated Industrial (I) and zoned Industrial (M-1);
East:
Rights-of-way for the Seaboard Coastline Railroad (CSX) and Interstate 95, and
farther east developed property designated Public and Private Governmental /
Institutional (PPGI) and zoned Public Usage (PU); and
West:
High Ridge Road right-of-way, and farther west, a Florida Power and Light
transformer yard designated Office-Industrial (01) and zoned PID.
Staff Report
Memorandum No PZ-03-203
Page 2
BACKGROUND
The subject property, owned by East Coast Mechanical is located at 1500 High Ridge Road. The
surrounding neighborhood is developed mostly with industrial uses. The subject parcel was developed over
the years in different construction phases. According to County records, the structure subject of this
variance request, located along the west property line, was the first structure to be constructed in 1962. The
applicant is proposing to replace the 13,472 square foot old metal structure with a new building similar in
size and at the original setback of four (4) feet from the front property line, which is non-conforming by
current regulations (see Exhibit "B"-Site Plan). Normally, existing structures with non-conforming setbacks,
can be expanded along that same building line without increasing the nonconformity. Since the old structure
will be razed and replaced with new construction, the right to maintain the existing non-conforming front yard
setback will be lost. Construction of the new building at four (4) feet from the front property line requires the
subject variance. Therefore, the applicant is requesting relief from the above-referenced Land Development
Regulations, which requires a fifteen (15) foot front yard setback.
ANAL YSIS
The code states that the zoning code variance cannot be approved unless the board finds the following:
a. That special conditions and circumstances exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the same zoning
district.
b. That the special conditions and circumstances do not result from the actions of the applicant.
c. That granting the variance requested will not confer on the applicant any special privilege that is
denied by this ordinance to other lands, buildings, or structures in the same zoning district.
d. Trial literal interpretation of the provisions of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same zoning district under the terms of the ordinance
and would work unnecessary and undue hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible the reasonable use of the
land, building, or structure.
f. That the granting of the variance will be in harmony with the general intent and purpose of this
chapter [ordinance] and that such variance will not be injurious to the area involved or otherwise
detrimental to the public V\€lfare.
Staff conducted the analysis focusing on the applicant's response to the above criteria contained in Exhibit
"C", which require that the request is initiated by special conditions and circumstances that are peculiar to
the subject land, structure, or building, which are not the result of the actions of the applicant, and that
granting of the variance is the minimum variance that will make possible the reasonable use of the land,
building, or structure.
In 1975, the City adopted new zoning regulations which caused many parcels to become legal non-
conforming, including the subject parcel. The subject request has been initiated in preparation for the
reconstruction of an industrial warehouse within this industrial district. Therefore, the applicant's desire to
rebuild in the exact footprint of the original building rather than conform to present-day code, has generated
the circumstances. The subject property has been improved with a warehouse, and occupied since 1962.
Understanding that the applicant has the ability to reconstruct at the appropriate setback line, criteria items
Staff Report
Memorandum No PZ-03-203
Page 3
"a", "c" and "e" are not met. Further, since the necessity or the variance has been caused by the proposed
reconstruction, condition "b" above is also not satisfied.
The overall objective of the Land Development Regulations is to insure the welfare and safety of the public
by providing regulations and standards in which to achieve consistent equitable developments. The
proposed building wall will setback approximately eleven (11) feet from the edge of the sidewalk, which
represents a small distance. When a project falls below the minimum standards set forth by the code, the
code has established provisions to bring these inconsistent projects into compliance. Accordingly, Chapter
2, Zoning Section 11.1. F. states:
F. RECONSTRUCTION OR REMOVAL. If any structure is destroyed to such an extent that the cost of
rebuilding, repair, and reconstruction will exceed (70) percent of its current assessed valuation determined
by the Palm Beach County Property Appraiser, or for any reason is moved any distance, it shall not again be
used or reconstructed except in conformity with the provisions of these zoning regulations.
CONCLUSIONS/RECOMMENDA TION
Based on a strict interpretation ofthe variance criteria, Staff recommends that the request for relief from
Chapter 2, Zoning Section 8.A.6., requiring a minimum front yard setback of 15 feet for a warehouse
building within the M-l zoning district, to allow for a variance of 11 feet, and a front yard setback of 4 feet
be denied, due to the lack of hardship, and due to the circumstance being created by the actions of the
applicant.
Staff should indicate that past variance requests have been reviewed by the city using more than the
"traditional" criteria, or interpretations of this criteria placing greater emphasis on other associated
characteristics. Should the Board or Commission desire to approve this request, the following factors should
be considered before rendering a final decision:
1. The variance request is for reconstruction of an old metal s:ructure;
2. The uniqueness of property location, which sits at the end of a cul-de-sac and abuts the C-16
Canal to the south;
3. The immediate parcel to the west is developed as an FP&L transformer yard, which is unlikely to
be utilized for other purposes, which would be subject to a front setback immediately opposite
the subject property;
4. The proposed variance would not increase any noticeable deviation from the existing non-
conforming front yard setback encroachment by the existing main structure;
5. Staff has not received any objections from adjacent property owners regarding the subject variance
request including those immediately to the west of the pro~rty.
No conditions of approval are recommended; however, any conditions of approval added by the Planning
and Development Board or the City Commission will be placed in the Exhibit "D" - Conditions of Approval.
MWR/MD
S:IPlannlngISHAREDlWP\PROJECTS\East Coast Mechanlcal\ ZNCV 03-007\STAFF REP.doc
Location Map
East Coast Mechanical ZNCV 03-007
EXHIBIT "A"
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EXHIBIT "e"
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architecture, inc.
06.18.03
City of Boynton Beach Planning & Zoning Division
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: East Coast Mechanical
Variance Request
Statement of special conditions.
A. The Request is for the removal of the metal building portion of the existing
building, and subsequent construction of a new 1-story masonry building in its
same footprint. The existing concrete floor slab will remain. The existing subject
building is currently in non-conformance of the current setback requirements for
its zoning classification (M-1).
The special condition particular to this site is in the location of the setback
violation. It occurs at the corner of a dead end street (where the neighbor
directly to the West is an FPL transformer yard) , and the C-16 Canal directly
abuts the South end of the property.
B. The building is existing and may have been built in accordance with the
setbacks and requirements at the time of original construction. Therefore
special conditions and circumstances do not result from the actions of the
applicant.
C. No special privilege shall be conferred to the applicant that is denied by this
Ordinance to other lands, buildings or structures in the same zoning district.
D. The intent of this section is to create the appearance of a low-density
development. Because there are no neighbors directly adjacent to the proposed
building in violation, the non-conformity is minimized.
E. The variance requested is to reconstruct only what now exists - no expansion of
the building is part of this request.
399 W. CAMINO GARDENS BLVD. . SUITE 202 . BOCA RATON, FLORIDA 33432. V: 561,362.0220 . F: 561.362.0224 . 'NWW.andersonarchitecture.com
AA COO1997
EXHIBIT "e"
F. Granting of this variance is not detrimental to the area; rather this variance
request will permit the Owner to construct a more substantial building (masonry
versus metal), more in keeping with the new buildings recently built in this
subdivision. Additionally the existing metal building is in a state of disrepair and
in need of remodeling, both aesthetically and structurally.
Thank you in advance for your consideration of this request.
Sincerely,
(' ~ ~ ,~
'---
Chris Hair
cc: Jose Ramirez, ECM
EXHIBIT "D"
Conditions of Approval
Project name: East Coast Mechanical
File number: ZNCY 03-007
Reference:
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined.
S:\Planning\Shared\Wp\Projecls\East Coast Mechanical\ZNCV 03-007\COA.doc
DEVELOPM.. .T ORDER OF THE CITY COMMI~ "'ION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: East Coast Mechanical
APPLICANT'S AGENT: Chris Hair - Anderson Architecture, Inc.
APPLICANT'S ADDRESS: 399 W. Camino Gardens Blvd. Suite 202, Boca Raton, FL 33432
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 2,2003
TYPE OF RELIEF SOUGHT: Relief from Chapter 2, Zoning Section B.A.5., requiring a minimum front
yard setback of 15 feet for a warehouse building within the M-1 zoning district, to allow for a variance of 11
feet, and a front yard setback of 4 feet.
LOCATION OF PROPERTY: 1500 High Ridge Road
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 Planning and Development 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 "C" 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:
J:ISHRDA T AIPlanninglSHAREDlWPIFORMSIBlanks forms folderlDevelop.Order Form-200 1-Revised.doc
City Clerk
CITY OF BOYNTON BEACH
AGENDA ITEM COVER SHEET AND CHECKLIST
This completed cover sheet must accompany all agenda item requests. Please place check marks
in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit
original agenda request (with back up) and one CODY of agenda request (with back UD) to the
City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or
late items will be returned to originating department.
Requested City
Commission Meeting
Dates
DAu ust 5, 2003
DAu ust 19, 2003
r:sISe tember 2 2003
DSe tember 16, 2003
DOctober 7, 2003
DOctober 21, 2003
DNovember 5, 2003
DNovember 18, 2003
Deadline for Submittal to City P & D/CRA Requests Deadline
Clerk's Office
Departments are responsible for securing the following
si natures on attached A enda Re uest Form:
De artment Head 0
Wilfred Hawkins for de artments under Administrative Services 0
Finance De artment for items that involve ex enditure of funds 0
All back u material is attached r:sI
All exhibits are attached & marked e. ., Exhibit "A' r:sI
~G-
Department Head's initials: \\
East Coast Mechanical (ZNCV 03-007)
Please do not write in the shaded area below.
Legal Department signature 0
City Manager's signature
o
ITEM RETURNED FOR THE FOLLOWING REASON(S):
Signature(s) missing 0
Incomplete submittal 0
Missed deadline 0
Other 0
Reason:
Person contacted to pick up rejected request
by
bg - 7/19/02
S:\Planning\Planning Templates\Agenda Item Cover CHECKLIST Aug S-Nov 18, 2003.doc
on
(Date)
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 03-180
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TO:
Janet Prainito
City Clerk
f"j LvC
Michael W. Rumpf
Director of Planning and Zoning
~--;)
FROM:
DA TE: July 24, 2003
SUBJECT: East Coast Mechanical
Front yard Setback variance
ZNCV 03-007
Accompanying this memorandum you will find an application and supporting documentation for
the above-referenced case. A check in the amount of $400.00 for the variance to cover the review
and processing 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. The requested variance is scheduled for the August 26, 2003 Planning and
Development Board meeting, and the September 2, 2003 City Commission meeting. Please
advertise in the newspaper and send notice to property owners accordingly.
S:\Planning\SHARED\WP\PROJECTS\East Coast Mechanical Variance\Legal notice.doc
REQUEST FOR PUBLISHING
LEGAL I\_ .t fCES AND/OR LEGAL ADVER1. .:.l\1ENTS
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 Division
PREPARED BY: Michael Rumpf DATE PREPARED: July 24,2003
BRIEF DESCRIPTION OF NOTICE OR AD: Zoning Code Variance to allow the construction
of a warehouse building to be built with a front yard setback of 4 feet in lieu of the I5-foot front
yard setback required for a warehouse building in a M-I zoning district. Planning and
Development Board meeting to be held on August 26, 2003 at 6:30 p.m. at the Commission
Chambers, City HalL 100 E. Bovnton Beach Blvd.. Bovnton Beach Florida.
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section
Placement, Black Border, etc.) STANDARD LEGAL AD
SEND COPIES OF AD TO: All property owners (postmarked August 1 L 2003) within 400-foot
radius of the subiect property. al'plicant and Director of Planning and Zoning.
NEWSP APER(S) TO PUBUSH: The Post
PUBUSHED: August 1 L 2003
LAST DAY TO FAX TO THE PAPER BY 3:00 P.M.: August 8, 2003
APPROVED BY:
7 -J f""-v ~
(Date)
~(6loi,
COate)
RECEIVED BY CITY CLERK:
COMPLETED:
~OTICE 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:
East Coast Mechanical
Request:
Relief from Chapter 2, Zoning Section 8.A.6., requmng a
minimum front yard setback of 15 feet for a warehouse building
within the M-l zoning district, to allow for a variance of 11 feet,
and a front yard setback of 4 feet.
Location:
1500 High Ridge Road
Legal:
A parcel of land in Section 21, Township 45 South, Range 43 East;
Palm Beach County, Florida. Complete Legal description is on file
in the Planning and Zoning Division.
A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT 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, AUGUST 26,2003, 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 Planning and Development 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.
The City shall furnish appropriate auxiliary aids and services where necessary to afford an
individual with a disability an equal opportunity to participate in and enjoy the benefits of a
service, program, or activity conducted by the City. Please contact Patricia Tucker (561) 742-
6268, at least twenty-four (24) hours prior to the program or activity in order (or the City to
reasonably accommodate your request.
PUBUSH: THE POST
August 11, 2003
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260